M-9 - Medical Act

Full text
chapter M-9
Medical Act
PHYSICIANSDecember 31 1977
The Minister of Justice is entrusted with the application of this Act. Order in Council 29-2016 dated 28 January 2016, (2016) 148 G.O. 2 (French), 1254.
DIVISION I
DEFINITIONS
1. In this Act and the regulations made thereunder, unless the context indicates a different meaning, the following terms mean:
(a)  Order : the Ordre des médecins du Québec, constituted by this Act;
(b)  Bureau : the Bureau of the Order;
(c)  physician or member of the Order : any person entered on the roll;
(d)  permit : a permit issued in accordance with the Professional Code (chapter C-26) and this Act;
(e)  (paragraph repealed);
(f)  institution : an institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5);
(g)  roll : the list of the members in good standing of the Order, prepared in accordance with the Professional Code and this Act.
1973, c. 46, s. 1; 1974, c. 65, s. 67; 1977, c. 5, s. 229; 1992, c. 21, s. 188; 1994, c. 40, s. 369; 1994, c. 23, s. 23.
DIVISION II
THE ORDRE DES MÉDECINS DU QUÉBEC
2. All the physicians qualified to practise the medical profession in Québec constitute a professional order called the “Collège des médecins du Québec” or the “Ordre professionnel des médecins du Québec” or the “Ordre des médecins du Québec”.
1973, c. 46, s. 2; 1977, c. 5, s. 229; 1994, c. 40, s. 370.
3. Subject to this Act, the Order and its members shall be governed by the Professional Code (chapter C-26).
1973, c. 46, s. 3.
4. The head office of the Order shall be at Montréal or at any other place in Québec determined by regulation of the Bureau adopted pursuant to paragraph f of section 93 of the Professional Code (chapter C-26).
1973, c. 46, s. 4; 1994, c. 40, s. 371.
5. Every proceeding directed against the Order must be served upon the secretary or one of his assistants at the head office of the Order.
1973, c. 46, s. 5.
DIVISION III
THE BUREAU
6. The Order shall be governed by a Bureau consisting of a president and twenty-eight directors.
1973, c. 46, s. 6; 1989, c. 27, s. 1.
7. Twenty directors shall be elected in the manner provided for in the Professional Code (chapter C-26).
Four other directors shall be appointed by the Office des professions du Québec in the manner provided in the Professional Code.
Four other directors shall be appointed by the faculties of medicine of Université Laval, Université de Montréal, McGill University and Université de Sherbrooke, in the proportion of one director from each faculty.
1973, c. 46, s. 7; 1974, c. 65, s. 109; 1994, c. 40, s. 372.
8. (Repealed).
1973, c. 46, s. 8; 1994, c. 40, s. 373.
9. Elections for the office of president shall be held every four years on the first Wednesday in October if the president is elected by a general vote of the members entered on the roll, or at the first meeting of the Bureau after that date if the president is elected by the elective directors.
Where the president is elected by the elective directors the Bureau shall be considered regularly formed, notwithstanding that the number of directors is reduced by one.
1973, c. 46, s. 9.
10. Elections for the office of elective director shall be held on the first Wednesday in October every two years.
They shall provide for the replacement of those elective directors whose term is about to expire.
1973, c. 46, s. 10.
11. The choice of the directors appointed by the Office des professions du Québec and the faculties of medicine shall be made at the same time as the elections for elected directors are held.
When this choice is made, provision shall be made to replace those appointed directors whose term is about to expire.
1973, c. 46, s. 11; 1974, c. 65, s. 109.
12. The president and the directors shall be elected or appointed, as the case may be, for a term of four years.
1973, c. 46, s. 12.
13. At the first meeting of the Bureau following the first Wednesday in October of each year, the elective members of the Bureau shall by secret ballot designate from among their number a vice-president and two members who shall be members of the Executive Committee.
The vice-president shall be exofficio a member and the vice-president of the Executive Committee.
At the same meeting, another member of the Executive Committee shall be designated by secret ballot of the members of the Bureau from among the members appointed by the Office.
1973, c. 46, s. 13; 1974, c. 65, s. 68.
14. If the president is unable to act by reason of absence or illness, he shall be replaced by the vice-president.
1973, c. 46, s. 14.
15. In addition to the duties contemplated in section 86 of the Professional Code (chapter C-26), the Bureau shall:
(a)  advise the Minister of Health and Social Services on the quality of medical care provided in the centres operated by the institutions and the standards to be followed to improve the quality of such care;
(b)  (paragraph repealed);
(c)  provide for the keeping of a register of medical students and of persons serving a professional training period or pursuing specialized studies and determine the formalities respecting entry in such register;
(d)  (paragraph repealed).
1973, c. 46, s. 15; 1974, c. 65, s. 69; 1985, c. 23, s. 24; 1992, c. 21, s. 189, s. 375; 1994, c. 40, s. 374.
16. In the performance of the duties assigned to it by paragraph a of section 15, the Bureau may have inquiries made into the quality of the medical care provided in the centres operated by the institutions, and may constitute a committee of inquiry for that purpose.
1973, c. 46, s. 16; 1992, c. 21, s. 190, s. 375.
17. It is forbidden to hinder a member of a committee of inquiry constituted under section 16 in the performance of his duties, in any way, to mislead him by concealment or false declarations or refuse to provide him with any information or document relating to an inquiry which he holds under this Act.
Every person who contravenes this section is guilty of an offence and liable to the penalties provided in section 188 of the Professional Code (chapter C-26).
1973, c. 46, s. 17.
18. The Bureau may hold an inquiry on any matter related to medical deontology, the discipline of the members of the Order and the dignity of the profession.
For the purposes of that inquiry, the Bureau shall delegate a member of the Order who may obtain from any physician, institution or patient all information he deems useful, without any of them being entitled to invoke professional secrecy.
On refusal to answer or to file any document in connection with the inquiry or to allow the taking of copy of such a document, the Order may obtain, on a motion duly served on the interested party, an order of the Superior Court equivalent to an order for contempt of court.
1973, c. 46, s. 18; 1974, c. 65, s. 70; 1992, c. 21, s. 375.
18.1. The Bureau shall, on request or on its own initiative, send the information obtained by a committee of inquiry, the professional inspection committee, the syndic or the assistant syndics, to the council of physicians, dentists and pharmacists of the institution to which a physician contemplated in an inquiry is attached, that it believes useful to the exercise of the functions of the council.
1981, c. 22, s. 35; 1984, c. 47, s. 210; 1992, c. 21, s. 375.
19. In addition to the duties provided in sections 87 to 93 of the Professional Code (chapter C-26), the Bureau shall by regulation:
(a)  make rules respecting the study and practice of obstetrics by midwives;
(b)  determine among the acts contemplated in section 31 those which, under certain prescribed conditions, may be done by classes of persons other than physicians;
(c)  determine the conditions and formalities for the revocation of the registration of a medical student or of a person serving a professional training period or pursuing specialized studies;
(d)  determine the standards relating to the form and content of verbal or written prescriptions made by a physician.
The Bureau shall, before passing a regulation under subparagraph b of the first paragraph, consult the Office des professions du Québec and the professional orders to which the persons contemplated by such regulation belong or, if there are no such orders, the representative bodies of such classes of persons.
Section 95.2 of the Professional Code applies to the regulation adopted pursuant to subparagraph d of the first paragraph.
1973, c. 46, s. 19; 1974, c. 65, s. 71, s. 109; 1994, c. 40, s. 375.
20. In addition to the powers provided for in section 94 of the Professional Code (chapter C-26), the Bureau may by regulation make rules respecting the training of physicians who wish to practise acupuncture.
1977, c. 66, s. 27; 1989, c. 27, s. 2; 1994, c. 40, s. 376; 1994, c. 37, s. 19.
21. (Repealed).
1977, c. 66, s. 27; 1986, c. 112, s. 1; 1994, c. 37, s. 20.
22. (Repealed).
1973, c. 46, s. 20; 1974, c. 65, s. 109; 1977, c. 66, s. 28; 1989, c. 27, s. 3; 1994, c. 40, s. 377.
23. (Repealed).
1973, c. 46, s. 21; 1974, c. 65, s. 72; 1983, c. 54, s. 49; 1994, c. 40, s. 377.
24. (Repealed).
1973, c. 46, s. 22; 1994, c. 40, s. 377.
DIVISION IV
SECRETARY OF THE ORDER
25. The Bureau shall choose the secretary from among the members of the Order.
The term of office of the secretary shall not be limited; it may be terminated:
(a)  by the resignation of the secretary;
(b)  by a resolution of the Bureau passed by a majority of two-thirds of its members.
The Bureau may also appoint one or more assistant secretaries of the Order and determine their functions.
1973, c. 46, s. 23; 1974, c. 65, s. 73.
26. The secretary shall act as secretary of the Order, of the Bureau and of the Executive Committee.
He shall be the depositary of the records of the Order.
1973, c. 46, s. 24.
27. Every certificate bearing the signature of the secretary or of an assistant secretary shall be authentic.
1973, c. 46, s. 25.
DIVISION V
REGISTRATION
28. Registration of a medical student or of a person serving a professional training period or pursuing specialized studies shall be established by a certificate issued by the secretary of the Order.
1973, c. 46, s. 26; 1974, c. 65, s. 74.
29. A medical student is entitled to a registration certificate if he:
(a)  is a bachelor of arts or science of a university of Québec or of another university whose diploma is considered equivalent by the Bureau; or
(b)  is the holder of a diploma of college studies awarded by the Minister of Education or a university of Québec or of a diploma considered equivalent by the Bureau; and
(c)  has fulfilled the formalities determined by the Bureau.
A person serving a professional training period or pursuing specialized studies who has fulfilled the formalities determined by the Bureau is also entitled to a registration certificate.
1973, c. 46, s. 27; 1974, c. 65, s. 75; 1985, c. 21, s. 96; 1988, c. 41, s. 88; 1993, c. 51, s. 72; 1994, c. 16, s. 50.
30. The Bureau may revoke a registration certificate in accordance with the regulations made under subparagraph c of the first paragraph of section 19.
1973, c. 46, s. 28.
DIVISION VI
PRACTICE OF MEDICINE
31. Every act having as its object to diagnose or treat any deficiency in the health of a human being constitutes the practice of medicine.
The practice of medicine shall comprise, in particular, medical consultation, prescribing of medication or treatment, radiotherapy, attendance at confinements, establishing and controlling diagnosis and treatment of illnesses or diseases.
1973, c. 46, s. 29.
32. A physician may, in the practice of his profession, give advice that may prevent illness and promote the means to ensure good health.
1973, c. 46, s. 30.
33. Every person is entitled to obtain a permit who applies therefor and who:
(a)  holds a registration certificate;
(b)  (subparagraph repealed);
(c)  (subparagraph repealed);
(d)  has complied with the conditions and formalities imposed under the Professional Code (chapter C-26).
Subparagraph a of the first paragraph does not apply to an applicant whose diploma has been issued by an educational establishment situated outside Québec.
1973, c. 46, s. 31; 1994, c. 40, s. 378.
34. The Bureau may issue, on the conditions it determines, a temporary permit to any person who does not fulfil the conditions prescribed in section 33, but is engaged as a professor of health sciences in a university of Québec. Such permit shall be valid for the term of the engagement of such person as a professor, but shall not exceed one year, except with the authorization of the Government, when the public interest so requires.
1973, c. 46, s. 32; 1994, c. 40, s. 379.
35. The Bureau may, on the conditions it determines, grant to any person who does not fulfil the conditions prescribed in section 33 a restrictive permit which shall be annual and renewable.
The holder of such permit shall not perform professional acts other than those specifically authorized by his permit.
1973, c. 46, s. 33.
36. (Repealed).
1973, c. 46, s. 34; 1994, c. 40, s. 380.
37. Every holder of a permit is entitled to a specialist’s certificate who applies therefor and who:
(a)  is the holder of a registration certificate;
(b)  (subparagraph repealed);
(c)  has complied with the conditions and formalities imposed in accordance with the Professionnal Code (chapter C-26).
Subparagraph a of the first paragraph does not apply to an applicant whose diploma has been issued by an educational establishment situated outside Québec.
1973, c. 46, s. 35; 1994, c. 40, s. 381.
38. Every physician may use the medication, substances and instruments that he may need in the practice of his profession, and administer and prescribe medication for his patients.
He may also issue attestations relating to the supplying of medication.
1973, c. 46, s. 36.
39. No physician may sell prostheses other than contact lenses.
Nor may a physician have a direct or indirect interest in an undertaking for the manufacture or sale of any prosthesis. If an interest in such an undertaking devolves to him by succession or otherwise, he shall dispose of it immediately.
1973, c. 46, s. 37.
40. No physician may prescribe, administer or supply any medication of which he refuses to reveal to the Bureau the exact qualitative or quantitative composition or that he refuses to submit to the analyses required by the Bureau.
1973, c. 46, s. 38.
40.1. No physician may, in any manner, claim to be an acupuncturist or use any title, abbreviation or initials which may lead to the belief that he is an acupuncturist, unless he has received training consistent with the rules made under section 20.
1994, c. 37, s. 22.
41. No person may practise medicine under a name other than his own.
Nevertheless, physicians shall be allowed to practise their profession under the name of one or two or more of the partners.
1973, c. 46, s. 39.
42. No physician may be compelled to declare what has been revealed to him in his professional character.
1973, c. 46, s. 40.
DIVISION VII
ILLEGAL PRACTICE OF MEDICINE
43. Subject to the rights and privileges expressly granted by law to other professionals, no person may perform any of the acts described in section 31, unless he is a physician.
This section does not apply to the acts performed:
(a)  by a person in accordance with the provisions of a regulation adopted pursuant to paragraph h of section 94 of the Professional Code (chapter C-26);
(b)  by persons who, by reason of their duties or training, assist the sick gratuitously under special circumstances;
(c)  by midwives practising obstetrics in accordance with the regulations made under subparagraph a of the first paragraph of section 19;
(d)  by a person belonging to a class of persons contemplated in a regulation adopted pursuant to subparagraph b of the first paragraph of section 19, provided he performs them under the conditions prescribed in the regulation;
(e)  (subparagraph repealed);
(f)  by students as part of a training program for persons referred to in the regulations made under subparagraph b of section 19 or under section 22.
1973, c. 46, s. 41; 1974, c. 65, s. 76; 1977, c. 66, s. 29; 1984, c. 27, s. 78; 1994, c. 40, s. 382; 1994, c. 37, s. 23.
44. (Repealed).
1977, c. 66, s. 30; 1994, c. 37, s. 24.
45. Every person who contravenes any provision of section 43 is liable, for each offence, to the penalties provided in section 188 of the Professional Code (chapter C-26).
1973, c. 46, s. 42; 1977, c. 66, s. 31; 1994, c. 37, s. 25.
DIVISION VIII
This Division ceased to have effect on 17 April 1987.
46. (This section ceased to have effect on 17 April 1987).
1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 46 of the statutes of 1973, in force on 31 December 1977, is repealed, except sections 43 to 53 and 56, effective from the coming into force of chapter M-9 of the Revised Statutes.