College of Physicians and Surgeons of Manitoba General Regulation
This part sets registration rules for the college, including who may register, what applicants must provide, and how the specialist register is maintained.
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This part sets registration rules for the college, including who may register, what applicants must provide, and how the specialist register is maintained. This provision sets conditions for medical registration classes and practice, including practice supervisors, practice agreements, limited-purpose declarations, and a valid certificate of practice. Members seeking or holding a certificate of practice must file required documents, keep insurance and registry checks current, update inaccurate information, and follow limits on prescribing, supervision, delegation, and titles. This part requires supervisors, members, the council, and medical corporations to follow rules on supervision, public practitioner profiles, continuing competency, and permit renewal.
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Provisions of College of Physicians and Surgeons of Manitoba General Regulation
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College of Physicians and Surgeons of Manitoba General Regulation — segment 1
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College of Physicians and Surgeons of Manitoba General Regulation — segment 1
AI-assisted research summary: This part sets registration rules for the college, including who may register, what applicants must provide, and how the specialist register is maintained.
College of Physicians and Surgeons of Manitoba General Regulation, M.R. 163/2018 The Regulated Health Professions Act , C.C.S.M. c. R117 Regulation 163/2018 Registered December 3, 2018 bilingual version (HTML) Table of Contents Section PART 1 INTRODUCTORY PROVISIONS 1.1 Regulatory scheme 1.2 Meaning of "professional practice" 1.3 Competent to practise 1.4 Definitions PART 2 REGISTERS AND FIELDS OF PRACTICE 2.1 Overview 2.2 Registers established 2.3 Regulated members 2.4 Regulated associate members 2.5 Register information 2.6 What information is available to the public? SPECIALIST REGISTER 2.7 Specialist register established and maintained 2.8 Contents 2.9 Eligibility for registration as specialist FIELDS OF PRACTICE 2.10 Fields of practice PART 3 REGISTRATION 3.1 Overview DIVISION 1 — REGISTRATION REQUIREMENTS 3.2 Contents of initial application 3.3 Contents of conversion application 3.4 Application expires 3.5 Labour mobility 3.6 Change in information 3.7 Requirements 3.8 Full (practising) 3.9 Full (non-practising) 3.10 Provisional (academic — s. 181 faculty) 3.11 Membership period, condition of registration 3.12 Provisional (academic — visiting professor) 3.13 Membership period 3.14 Provisional (academic — post-certification trainee) 3.15 Membership period 3.16 Provisional (specialty practice-limited) 3.17 Membership period, area or practice setting 3.18 Condition of registration 3.19 Provisional (family practice-limited) 3.20 Membership period, area or practice setting 3.21 Condition of registration 3.22 Provisional (MPAP) 3.23 Condition of registration 3.24 Reader's aid 3.25 Provisional (restricted purpose) 3.26 Membership period, area or practice setting 3.27 Condition of registration 3.28 Provisional (public health officer) 3.29 Condition of registration 3.30 Provisional (temporary — locum) 3.31 Membership period, area or practice setting 3.32 Provisional (transitional) 3.33 Membership period, area or practice setting 3.34 Provisional (non-practising) 3.35 Maximum membership period 3.36 Retired (physician) 3.37 Requirements 3.38 Assessment candidate (specialty practice) 3.39 Membership period, area or practice setting 3.40 Condition of registration 3.41 Assessment candidate (family practice) 3.42 Membership period, area or practice setting 3.43 Condition of registration 3.44 Assessment candidate (re-entry to practise) 3.45 Membership period, area or practice setting 3.46 Condition of registration 3.47 No need to change membership class in certain circumstances 3.48 Educational (medical student) 3.49 Condition of registration 3.50 Educational (physician assistant student) 3.51 Condition of registration 3.52 Educational (resident) 3.53 Condition of registration 3.54 Educational (resident-limited) 3.55 Membership period, practice setting 3.56 Condition of registration 3.57 Educational (external or visiting student) 3.58 Membership period 3.59 Condition of registration 3.60 Educational (non-practising) 3.61 Physician assistant (full) 3.62 Physician assistant (restricted purpose) 3.63 Membership period, area or practice setting 3.64 Physician assistant (academic — s. 181 faculty) 3.65 Membership period, condition of registration 3.66 Physician assistant (non-practising) 3.67 Clinical assistant (full) 3.68 Clinical assistant (non-practising) 3.69 Retired (physician assistant) 3.70 Retired (clinical assistant) DIVISION 2 — EXTENSION 3.71 Membership period may be extended 3.72 Registrar must provide written reasons 3.73 Appeal DIVISION 3 — CONVERSION 3.74 Provisional (specialty practice-limited), (family practice-limited) or (MPAP) to provisional (non-practising) 3.75 Changing membership to full (practising) 3.76 Changing registration when partially successful in MPAP 3.77 Changing from assessment candidate 3.78 Changing to educational (resident-limited) 3.79 Changing to non-practising class DIVISION 4 — CANCELLATION 3.80 Overview 3.81 Provisional (academic — s. 181 faculty) 3.82 Provisional (academic — visiting professor) 3.83 Provisional (academic — post-certification trainee) 3.84 Provisional (specialty practice-limited) or (family practice-limited) 3.85 Provisional (MPAP) 3.86 Provisional (restricted purpose) 3.87 Provisional (public health officer) 3.88 Provisional (temporary — locum) 3.89 Provisional (transitional) 3.90 Provisional (non-practising) 3.91 Assessment candidate (specialty practice) or (family practice) 3.92 Assessment candidate (re-entry to practise) 3.93 Educational membership 3.94 Physician assistant (restricted purpose) 3.95 Physician assistant (academic — s. 181 faculty) 3.96 Physician assistant (non-practising) PART 4 PRACTICE 4.1 Overview CERTIFICATE OF PRACTICE 4.2 Certificate of practice required 4.3 Who may be issued a certificate of practice 4.4 Requirements 4.5 Additional requirements for physician assistant or clinical assistant applicants 4.6 Expiry of certificate 4.7 Renewal requirements 4.8 Labour mobility 4.9 Cancellation CONTINUING OBLIGATIONS RE INFORMATION 4.10 Change in information 4.11 Criminal and abuse registry checks PROFESSIONAL LIABILITY INSURANCE OR COVERAGE 4.12 Insurance or coverage required OBLIGATIONS AND PROHIBITIONS 4.13 Working or studying in Canada 4.14 Complying with restricted purpose declaration 4.15 No direct patient care provided by public health officer 4.16 Complying with locum arrangement 4.17 Directing or supervising students and residents 4.18 Active participation in residency program 4.19 Suspended member PART 5 RESERVED ACTS 5.1 Overview 5.2 Reserved acts performed by members 5.3 Definitions RESERVED ACTS RE DRUGS AND VACCINES 5.4 Reserved act 6 — restriction on prescribing 5.5 Prescription requirements 5.6 Prescription renewal requirements 5.7 Issuing a requisition 5.8 Prescribing M3P schedule drugs 5.9 Prescribing methadone for opioid dependency or analgesia 5.10 Renewal requirement 5.11 Prescribing suboxone for opioid use disorder 5.12 Reserved act 6 — restriction on prescribing 5.13 Compounding, dispensing and selling drugs and vaccines RESERVED ACT FOR WEARABLE HEARING INSTRUMENTS 5.14 Reserved act 16 DELEGATION 5.15 Delegating by regulated members 5.16 Delegating by regulated associate members 5.17 Requirements for delegation SUPERVISION 5.18 Supervising students and residents 5.19 Physician assistant student supervised by physician assistant 5.20 Supervising physician assistants or clinical assistants 5.21 Supervising genetic counsellors or genetic assistants PART 6 TITLES 6.1 Overview 6.2 Definition 6.3 Use of "doctor", "physician", "medical practitioner" and "surgeon" 6.4 Use of "family physician", "family doctor" and "general practitioner" 6.5 Use of "osteopath", "doctor of osteopathy", etc. 6.6 Specialist designation 6.7 Use of "special interest in" or "practice restricted to" 6.8 Physician assistant titles and abbreviations 6.9 Clinical assistant titles and abbreviations 6.10 Indicating membership class 6.11 Use of "registered", "licenced" PART 7 MANITOBA PRACTICE ASSESSMENT PROGRAM 7.1 Definitions 7.2 Purpose 7.3 Applying for referral 7.4 Registrar may make referral 7.5 Registered by Manitoba faculty 7.6 Conditions may be imposed on registration 7.7 Obligation to comply 7.8 Designation after completing the practice assessment 7.9 Conversion to full (practising) 7.10 Remediation and reassessment 7.11 Restricted professional practice 7.12 Cancellation of registration 7.13 Participant with "unsuccessful" designation 7.14 Part 3 applies PART 8 PHYSICIAN ASSISTANTS AND CLINICAL ASSISTANTS 8.1 Overview 8.2 Definitions 8.3 Engaging in professional practice 8.4 Practice description 8.5 Expanding practice description 8.6 Contract of supervision 8.7 Who may supervise 8.8 Supervision in departmental or program practice setting 8.9 Primary supervisor's role 8.10 Supervisor's duties 8.11 Limits on supervisor 8.12 Performance reports 8.13 Designated alternate supervisor 8.14 Number of supervisors and assistants 8.15 More than one regulated member 8.16 Contract cancelled if no supervisor 8.17 Identifying physician assistant or clinical assistant 8.18 Supervisor acting through health profession corporation PART 9 PRACTITIONER PROFILES 9.1 Overview 9.2 Definitions 9.3 Application 9.4 Council must make practitioner profiles available 9.5 How profiles are to be made available 9.6 Profile content 9.7 Voluntary information 9.8 Explanatory information 9.9 Complete and accurate information to be provided 9.10 Change in information OPPORTUNITY TO DISPUTE INFORMATION 9.11 Member may dispute information 9.12 Council may make profile available despite dispute 9.13 Determination of dispute NON-COMPLIANCE BY MEMBER OR FALSE INFORMATION 9.14 If member fails to provide information 9.15 False, inaccurate or incomplete information must not be provided PART 10 CONTINUING COMPETENCY 10.1 Overview 10.2 Definitions 10.3 Application 10.4 Requirement to participate 10.5 Continued professional development programs 10.6 Minimum annual completion requirements 10.7 Records 10.8 Requirement to participate in quality improvement program 10.9 Applying for exemption or extension 10.10 Standards committee may refer matter to registrar 10.11 Certificate of conduct must include non-compliance statement PART 11 MEDICAL CORPORATIONS 11.1 Overview 11.2 Restricted to regulated members 11.3 Medical corporation permit 11.4 Permit renewal 11.5 Permit expiry 11.6 Renewal after expiry 11.7 Name of corporations 11.8 Additional contents of record 11.9 Error on the register 11.10 Name removed from record PART 12 MISCELLANEOUS 12.1 Complaints investigation committee 12.2 Notice of suspension or conditions pending decision 12.3 Exempt accredited facilities 12.4 Professional misconduct fines PART 13 COMING INTO FORCE 13.1 Coming into force Schedule PART 1 INTRODUCTORY PROVISIONS Regulatory scheme 1.1 Persons who practise medicine are regulated under The Regulated Health Professions Act , as well as this regulation, the Practice of Medicine Regulation , the College of Physicians and Surgeons Standards of Practice Regulation and the college's by-laws and practice directions. Meaning of "professional practice" 1.2(1) For the purpose of this regulation, the term "professional practice" means a member's specific area of practice in a field of practice within the scope of the practice of medicine. 1.2(2) As an aid to the reader, the following are examples of professional practice: (a) the practice of an obstetrician-gynecologist limited to gynecology; (b) the practice of an obstetrician-gynecologist limited to urogynecology; (c) the practice of an orthopedic surgeon limited to a specific anatomical area, such as hips or shoulders; (d) the practice of a family doctor limited to a specific patient population, such as geriatrics; (e) the practice of a family doctor limited to one or more specialty fields in which he or she has taken additional training, such as dermatology. Competent to practise 1.3 For the purpose of this regulation, a member is considered to be competent to engage in his or her professional practice if the member has the requisite knowledge, skill and judgment to perform all aspects of that practice. Definitions 1.4 The following definitions apply in this regulation. "Act" means The Regulated Health Professions Act . («  Loi  ») "adult abuse registry check" means an adult abuse registry check under The Adult Abuse Registry Act . (« relevé concernant les mauvais traitements infligés aux adultes ») "approved" means approved by the council except where the approval is indicated to be given by the registrar or other person or body. (« approuvé ») "authorized to practise medicine" , in relation to a jurisdiction other than Manitoba, means to be registered, licensed or certified, as the case may be, to practise medicine in that jurisdiction. (« autorisé à exercer la médecine ») "CACMS" means the Committee on Accreditation of Canadian Medical Schools. (« CAFMC ») "CAPA" means the Canadian Association of Physician Assistants. (« ACAM ») "CFPC" means the College of Family Physicians of Canada. (« CMFC ») "child abuse registry check" means a child abuse registry check under The Child and Family Services Act . (« relevé concernant les mauvais traitements infligés aux enfants ») "college" means the College of Physicians and Surgeons of Manitoba. (« Ordre ») "contract of supervision" means a contract of supervision referred to in section 8.6. (« contrat de supervision ») "council" means the council of the college. (« conseil ») "criminal record check" means a record, including a vulnerable sector search, obtained from a law enforcement agency about a person stating (a) whether the person has any conviction or outstanding charge awaiting court disposition under any federal, provincial, or territorial enactment; and (b) the details of any conviction or charge. (« relevé des antécédents judiciaires ») "field of practice" means a field of practice listed in subsection 2.10(2). (« domaine d'exercice ») "former Act" means The Medical Act . (« loi antérieure ») "former regulation" means the Registration of Medical Practitioners Regulation , Manitoba Regulation 25/2003. (« règlement antérieur ») "LCME" means the Liaison Committee on Medical Education of the American Medical Association and the Association of American Medical Colleges. (« CLEM ») "Manitoba faculty" means the Max Rady College of Medicine in the Rady Faculty of Health Sciences at the University of Manitoba. (« faculté du Manitoba ») "Manitoba Medical Register" means the Manitoba Medical Register referred to in clause 6(1)⁠(a) of the former Act. (« registre médical du Manitoba ») "Member Board" means a Member Board of the American Board of Medical Specialties. (« conseil membre ») "MINC" means the Medical Identification Number for Canada. (« NIMC ») "MPAP" means the Manitoba Practice Assessment Program, the purpose of which is described in section 7.2. (« PMEEM ») "nationally approved faculty of medicine" means a medical school listed in (a) the World Directory of Medical Schools published by the World Health Organization, 7th edition (2000); (b) the International Medical Education Directory published by the Foundation for the Advancement of International Medical Education and Research; or (c) the World Directory of Medical Schools published by the World Federation for Medical Education and the Foundation for Advancement of International Medical Education and Research; at the time that an applicant is granted his or her medical degree or, in the case of an applicant who is applying for membership in the educational (external or visiting student) class, at the time that he or she graduated or is enrolled in the medical school. (« faculté de médecine agréée à l'échelle nationale ») "NCCPA" means the National Commission on Certification of Physician Assistants in the United States of America. (« NCCPA ») "PA-C" means the "Physician Assistant – Certified" designation granted by the NCCPA. (Version anglaise seulement) "practice description" means a practice description referred to in section 8.4. (« description d'exercice ») "regulated profession or occupation" means a profession or occupation that is regulated by a body under statutory authority. (« profession ou métier réglémentés ») "reserved act" means a reserved act referred to in section 6 of the Practice of Medicine Regulation . (« acte réservé ») "Royal College" means the Royal College of Physicians and Surgeons of Canada. (« Collège royal ») "satisfactory" means satisfactory to the registrar. (« satisfaisant ») "section 181 certificate" means the certificate referred to in subsection 181(2) of the Act. (« certificat au titre de l'article 181 ») "specialty field of practice" means a specialty field of practice referred to in clause 2.10(2)⁠(b). (« domaine d'exercice spécialisé ») "supplemental personnel list" means a list of individuals who were members or former members under the former Act that was maintained by the registrar under that Act. (« liste du personnel de réserve ») M.R. 171/2022 ; 100/2023 PART 2 REGISTERS AND FIELDS OF PRACTICE Overview 2.1 This Part establishes the college's registers and membership classes. It also lists the fields of practice for medicine. Registers established 2.2 The following registers of the college are established: (a) the register of regulated members; (b) the register of regulated associate members. Regulated members 2.3 The regulated membership classes are set out in the following table: Register Classes regulated members full practising non-practising provisional academic s. 181 faculty visiting professor post-certification trainee specialty practice-limited family practice-limited MPAP restricted purpose public health officer temporary-locum transitional non-practising retired (physician) Regulated associate members 2.4 The regulated associate membership classes are set out in the following table: Register Classes regulated associate members assessment candidate specialty practice family practice re-entry to practise educational medical student physician assistant student resident resident — limited external or visiting student non-practising physician assistant full restricted purpose academic — s. 181 faculty non-practising clinical assistant full non-practising retired physician assistant clinical assistant Register information 2.5(1) A register established under section 2.2 must contain the information set out in subsection 28(1) or (2) of the Act. A register must also contain the following applicable information for each member: (a) the date of the member's initial registration and the date of the member's subsequent registration in another class, if any; (b) the particulars of the member's medical education, including the name and country of the educational institution from which the member graduated and the date of graduation; (c) if applicable to the membership class, the member's field or fields of practice; (d) whether the member holds a current certificate of practice; (e) subject to section 104 of the Act, any censure accepted by the member under section 102 of the Act and a notation as to how a description of the circumstances that led to the acceptance of the censure can be obtained from the college; (f) any voluntary surrender of the member's certificate of practice accepted by the investigation committee under section 102 of the Act, including any directions given to the member under section 105 of the Act; (g) any undertaking or agreement by the member, including but not limited to an undertaking accepted under section 102 of the Act, that provides for one or more of the following: (i) an assessment of the member's capacity or fitness to practise medicine, (ii) counselling or treatment of the member, (iii) the monitoring or supervision of the member's practice, (iv) the completion by the member of a specified course of studies by way of remedial training, (v) the placement of one or more conditions on the member's right to engage in the practice of medicine, including the conditions relating to reinstatement set out in section 106 of the Act; (h) any suspension of the member's registration or certificate of practice as permitted by section 110 or subsection 127(3) of the Act; (i) any cancellation of the member's certificate of practice as permitted by sections 48 and 49 of the Act. 2.5(2) The information entered on the register relating to a member who was previously registered on the Manitoba Medical Register, or listed on the supplemental personnel list, under the former Act must also include any censure, voluntary surrender, undertaking, agreement, suspension or cancellation made under the former Act in respect of that member. What information is available to the public? 2.6(1) Subsections 28(3), (4) and (5) of the Act set out what information entered on the register for a member must be made available to the public. In addition, the following information must also be made available to the public during normal business hours: (a) the information described in clauses 2.5(1)⁠(a) to (d); (b) the information described in clause 2.5(1)⁠(e) if the censure was accepted by the member in the current calendar year or the 10 previous calendar years; (c) information about a voluntary surrender described in clause 2.5(1)⁠(f) (other than information about any directions given to the member under section 105 of the Act) if the member has not had his or her certificate of practice reinstated or has not been issued a new certificate of practice; (d) if an undertaking given, or agreement entered into, by the member is in effect, any condition accepted by the member under subclause 2.5(1)⁠(g)⁠(v) other than a condition for the diagnosis, treatment or monitoring of treatment of an ailment, emotional disturbance or addiction that a member is suffering, or has suffered, from; (e) if a suspension is in effect, the information described in clause 2.5(1)⁠(h) other than information about the provision under which the member is suspended or the reasons for the suspension; (f) if the member has not been issued a new certificate of practice, the information described in clause 2.5(1)⁠(i). 2.6(2) Clauses (1)⁠(b) to (e) apply to any censure, voluntary surrender, undertaking, agreement, suspension or cancellation arising under the former Act that was in effect on the day before the coming into force of this section. 2.6(3) As an exception to subsections (1) and (2), the information entered on the register for a member who (a) voluntary surrendered his or her licence under the former Act; (b) was listed on the supplemental personnel list as retired on the day before the coming into force of this section; and (c) is registered in the retired (physician) membership class under this Act; must not be made available to the public if the registrar is satisfied that the member will not apply to change his or her membership class to one for which a certificate of practice may be issued. SPECIALIST REGISTER Specialist register established and maintained 2.7(1) A specialist register is established. 2.7(2) The registrar must maintain the specialist register. Contents 2.8 The specialist register must contain the following information for each member who is registered as a specialist under section 2.9: (a) the member's name; (b) the field or fields of practice in which the member is registered by the registrar as a specialist. Eligibility for registration as specialist 2.9(1) A member in good standing who is a certified specialist of the Royal College is entitled to be registered on the specialist register if the member submits to the registrar the following: (a) a signed application in the approved form; (b) the fees provided for in the by-laws; (c) satisfactory evidence of the member's qualifications as a specialist. 2.9(2) In special circumstances, the council may direct the registrar to enter on the specialist register the name of a member in good standing who is not a certified specialist of the Royal College but who submits to the registrar a signed application in the approved form and pays the fees provided for in the by-laws. FIELDS OF PRACTICE Fields of practice 2.10(1) This section applies to the following: (a) regulated members; (b) regulated associate members in an assessment candidate class or the educational (resident-limited) class. 2.10(2) For the purpose of clause 2.5(1)⁠(c), the registration of each applicable member must indicate at least one of the following fields of practice: (a) family practice: 1. with anaesthesia 2. without anaesthesia (b) specialty field of practice: 1. anaesthesia 2. anatomical pathology 3. cardiac surgery 4. cardiology 5. cardiovascular and thoracic surgery 6. clinical immunology and allergy 7. community medicine 8. dermatology 9. diagnostic radiology 10. emergency medicine 11. endocrinology and metabolism 12. gastroenterology 13. general pathology 14. general surgery 15. general surgical oncology 16. geriatric medicine 17. hematological pathology 18. internal medicine 19. neurology 20. neuropathology 21. neuroradiology 22. neurosurgery 23. nuclear medicine 24. obstetrics and gynecology 25. occupational medicine 26. ophthalmology 27. orthopedic surgery 28. otolaryngology 29. palliative medicine 30. pediatric emergency medicine 31. pediatric hematology/oncology 32. pediatric surgery 33. pediatrics 34. physical medicine and rehabilitation 35. plastic surgery 36. psychiatry 37. radiation oncology 38. respiratory medicine 39. respirology 40. rheumatology 41. thoracic surgery 42. urology 43. vascular surgery 44. any other field of practice recognized by the Royal College as a specialty 45. any other approved specialty field of practice. (c) an approved special designation; (d) administration. PART 3 REGISTRATION Overview 3.1 This Part deals with the requirements for membership in the college. The registration requirements for each class are set out. They are in addition to the requirements set out in Part 4 of the Act. DIVISION 1 REGISTRATION REQUIREMENTS Contents of initial application 3.2(1) To be initially registered as a member, an applicant must submit to the registrar the following: 1. A signed application in the approved form. 2. The fees provided for in the by-laws. 3. Satisfactory proof of identity and full legal name and, if applicable, all previous names or aliases. 4. A recent passport-size image of the applicant in a satisfactory form. 5. A list of each jurisdiction in which the applicant is or was authorized to practise medicine or any other regulated profession or occupation. 6. Satisfactory evidence of good standing in each jurisdiction in which the applicant is or was authorized to practise medicine or any other regulated profession or occupation. 7. A satisfactory criminal record check, child abuse registry check and adult abuse registry check. 8. In the case of an applicant for registration as a regulated member, satisfactory evidence that the applicant meets the requirements set out in (a) subsection 32(1) of the Act; (b) section 3.7; and (c) the specific provision or provisions of this regulation that apply to the membership class for which he or she is initially applying. 9. In the case of an applicant for registration as a regulated associate member, satisfactory evidence that the applicant meets the requirements set out in (a) section 3.37; and (b) the specific provision or provisions of this regulation that apply to the membership class for which he or she is initially applying. 10. If applicable, his or her MINC. 11. A satisfactory description of the applicant's most recent professional practice and proposed professional practice. 12. Satisfactory information as to whether (a) the applicant is the subject of a current investigation or proceeding relating to his or her conduct, competence, capacity or fitness to practise a health profession or any other regulated profession or occupation in Canada or elsewhere; (b) the applicant is or has been the subject of a finding of conduct unbecoming, professional misconduct, incompetence, incapacity or lack of fitness to practise a health profession or any other regulated profession or occupation in Canada or elsewhere; (c) the applicant is or has been the subject of a review of his or her conduct, competence, capacity or fitness to practise a health profession or any other regulated profession or occupation in Canada or elsewhere, whether arising from a complaint or otherwise; (d) the applicant is the subject of a claim, has settled a claim or has had a judgment made against him or her in relation to a civil claim in Canada or elsewhere respecting the applicant's professional practice or professional activities; (e) the applicant has had his or her authority to practise medicine or any other health profession suspended, restricted or revoked; (f) the applicant is or has been the subject of a denial of an application to practise a health profession or any other regulated profession or occupation in Canada or elsewhere; (g) the applicant has entered a guilty plea to, or has a conviction for, a criminal offence or an offence under any narcotic or controlled substances legislation in any jurisdiction; (h) the applicant has any outstanding criminal charges in respect of any offence including an offence under any narcotic or controlled substances legislation in any jurisdiction; (i) the applicant is resuming practice after not being authorized to practise for two or more consecutive months in another jurisdiction in Canada or elsewhere; and (j) the applicant is or will be performing a procedure that involves a risk of transmission of a bloodborne pathogen. 13. Any other information requested by the registrar, which may include any further information related to the initial application requirements set out in items 1 to 12. 3.2(2) As an exception to item 8(a) of subsection (1), an application for registration as a provisional (academic — s. 181 faculty) member must provide satisfactory evidence that he or she meets the requirements in clause 181(1)⁠(a) of the Act. 3.2(3) As an exception to item 9(a) of subsection (1), an applicant for registration as a physician assistant (academic — section 181 faculty) member must provide satisfactory evidence that he or she meets the requirements in clause 181(1)⁠(b) of the Act. 3.2(4) As an exception to subsection (1), an applicant for initial membership in the provisional (restricted purpose) class must submit to the registrar the following: 1. A signed application in the approved form. 2. The fees provided for in the by-laws. 3. Satisfactory proof of identity and full legal name and, if applicable, all previous names or aliases. 4. A recent passport-size image of the applicant in a satisfactory form. 5. A list of each jurisdiction in which the applicant is or was authorized to practise medicine. 6. Any other information requested by the registrar, which may include information referred to in items 6 to 12 of subsection (1). 3.2(5) As an exception to subsection (1), an applicant for initial registration as an educational (external or visiting student) member must submit to the registrar the following: 1. A signed application in the approved form. 2. The fees provided for in the by-laws. 3. If applicable, his or her MINC. 4. Any other information requested by the registrar, which may include information referred to in items 6 to 12 of subsection (1). Contents of conversion application 3.3 To convert a registration to another membership class, an applicant must submit to the registrar the following: 1. A signed application in the approved form. 2. The fees provided for in the by-laws. 3. Satisfactory evidence that the applicant meets the requirements of the other membership class. Application expires 3.4 An application for registration expires six months after the date it was received by the registrar. Labour mobility 3.5 For greater certainty, subsection 32(3) of the Act applies to this Part. Change in information 3.6 If, for any reason, the information provided by a member under item 12 of subsection 3.2(1) becomes inaccurate or incomplete, the member must submit accurate and complete information to the registrar in a satisfactory form and within the approved time period. All Regulated Members Requirements for all regulated members 3.7 For the purpose of clause 32(1)⁠(g) of the Act, an applicant for initial registration as a regulated member must (a) establish that he or she does not have a physical or mental condition or disorder, including any addiction to alcohol or drugs, that may impair his or her ability to engage in the practice of medicine in a safe and effective manner, and that makes it desirable in the public interest that he or she not engage in the practice of medicine; (b) establish that he or she has not had a physical or mental condition or disorder, including any addiction to alcohol or drugs, that, if it reoccurs, may impair his or her ability to engage in the practice of medicine in a safe and effective manner, and that makes it desirable in the public interest that he or she not engage in the practice of medicine; (c) establish that his or her past and present conduct affords reasonable grounds for the belief that the applicant will engage in the practice of medicine competently and with decency, integrity and honesty and in accordance with the law; (d) establish that he or she meets the approved English language fluency criteria; and (e) establish that he or she is or will be legally entitled to work or study, as the case may be, in Canada. Full Membership Full (practising) class 3.8 An applicant for registration as a full (practising) member must (a) establish that he or she holds (i) a medical degree granted from a nationally approved faculty of medicine, or (ii) a Doctor of Osteopathic Medicine degree from a school in the United States accredited by the American Osteopathic Association Commission on Osteopathic College Accreditation; (b) establish that he or she meets one of the following criteria: (i) he or she holds at least one of the following: (A) certification from the CFPC, (B) certification from the Royal College in a specialty field of practice, (C) certification from the Collège des médecins du Québec, (i.1) he or she (A) holds affiliate status with the Royal College in a subspecialty, (B) successfully completed a Royal College subspecialty examination through the Royal College — Subspecialist Examination Affiliate Program, and (C) satisfactorily completed an approved period of supervised practice, (i.2) the applicant holds (A) a licence issued by the medical board of a state of the United States to engage independently in the practice of medicine, and (B) Member Board certification and has satisfactorily completed a post-graduate training program accredited by the Accreditation Council for Graduate Medical Education (USA), (ii) he or she received (A) the designation "successful" in the MPAP, or (B) the designation "partially successful" in the MPAP and the registrar has granted the request referred to in subsection 7.11(2), (iii) he or she graduated from the Manitoba faculty before January 1, 1994 and successfully completed the post-graduate training requirements set out in the Schedule, (iv) he or she (A) was previously registered as a full registrant in good standing on the Manitoba Medical Register under subsection 17(3) of the former regulation as it read on February 16, 2012 or under section 4 of the Registration of Medical Practitioners Regulation, Manitoba Regulation 9/94 as it read on the day before it was repealed, as the case may be, and (B) was engaged in professional practice in Manitoba while so registered; (c) if applicable, establish that he or she has engaged in the field or fields of practice that he or she intends to practise in Manitoba within the approved time period; and (d) if applicable, provide a description of the continuing professional development activities that the applicant was required to complete as a condition of being authorized to practise medicine in any jurisdiction in Canada in the three years immediately before the application was submitted and indicate how he or she met those requirements. M.R. 100/2023 ; 41/2025 Full (non-practising) class 3.9 An applicant for registration as a full (non-practising) member must establish that he or she was registered or was qualified to be registered as a full (practising) member in good standing immediately before applying for full (non-practising) membership. Provisional Membership Provisional (academic — s. 181 faculty) class 3.10 An applicant for registration as a provisional (academic — s. 181 faculty) member must (a) submit to the registrar a written request to approve the applicant's registration from the dean of the Manitoba faculty (or the dean's designate) that contains (i) a confirmation that the applicant is or will be legally entitled to work in Manitoba before engaging in his or her professional practice, (ii) a confirmation that the applicant meets the approved English language fluency criteria, and (iii) a description of the applicant's most recent professional practice and proposed professional practice; and (b) establish that he or she has been granted a section 181 certificate. Membership period, condition of registration 3.11(1) A person may be registered as a provisional (academic — s. 181 faculty) member for as long as he or she holds a section 181 certificate. 3.11(2) As a condition of registration, a provisional (academic — s. 181 faculty) member must continue to hold a section 181 certificate. Provisional (academic — visiting professor) class 3.12 An applicant for registration as a provisional (academic — visiting professor) member must (a) establish that he or she holds (i) a medical degree granted from a nationally approved faculty of medicine, or (ii) a Doctor of Osteopathic Medicine degree from a school in the United States accredited by the American Osteopathic Association Commission on Osteopathic College Accreditation; and (b) submit to the registrar a written request to approve the applicant's registration from the dean of the Manitoba faculty (or the dean's designate) that contains the following: (i) a confirmation that the applicant is or will be legally entitled to work or study in Manitoba before engaging in his or her professional practice, (ii) a confirmation that the applicant meets the approved English language fluency criteria, (iii) a description of (A) the applicant's most recent professional practice and proposed professional practice, or (B) the specific medical procedures that the applicant will be performing, (iv) the name of the person and department that will be responsible for supervising the applicant, (v) the dates when and the location or locations where the applicant will be teaching or studying. Membership period 3.13 A person may be registered as a provisional (academic — visiting professor) member for a time period of not more than 24 consecutive months, which may be extended in accordance with sections 3.71 to 3.73. Provisional (academic — post-certification trainee) class 3.14 An applicant for registration as a provisional (academic — post-certification trainee) member must (a) establish that he or she holds (i) a medical degree granted from a nationally approved faculty of medicine, or (ii) a Doctor of Osteopathic Medicine degree from a school in the United States accredited by the American Osteopathic Association Commission on Osteopathic College Accreditation; and (b) submit to the registrar a written request to approve the applicant's registration signed by the applicant, the head of the division or department of the Manitoba faculty that will be responsible for supervising the applicant and the dean of the Manitoba faculty (or the dean's designate) that contains the following information: (i) a confirmation that the applicant (A) has satisfactorily completed the educational requirements for Royal College specialist certification or is recognized as a medical or surgical specialist in the jurisdiction in which he or she last practised before applying for registration, (B) meets the approved English language fluency criteria, and (C) is or will be legally entitled to work or study in Manitoba before engaging in professional practice, (ii) a description of the applicant's most recent professional practice and proposed professional practice, (iii) the division or department and the person who will be responsible for supervising the applicant, (iv) a confirmation that the applicant possesses training that is acceptable to the dean of the Manitoba faculty (or the dean's designate) and that warrants admission to the post-graduate program of the Manitoba faculty. Membership period 3.15 A person may be registered as a provisional (academic — post-certification trainee) member for a time period of not more than 24 consecutive months, which may be extended in accordance with sections 3.71 to 3.73. Provisional (specialty practice-limited) class 3.16(1) An applicant for registration as a provisional (specialty practice-limited) member must (a) establish that he or she holds (i) a medical degree granted from a nationally approved faculty of medicine, or (ii) a Doctor of Osteopathic Medicine degree from a school in the United States accredited by the American Osteopathic Association Commission on Osteopathic College Accreditation; (b) establish that he or she meets one of the following criteria: (i) he or she (A) holds the qualifications to engage independently in the practice of medicine in a specialty field of practice in a jurisdiction outside Canada in which the applicant has trained, and (B) has satisfactorily completed post-graduate clinical training in the specialty that took place in one or more facilities that provide health care and are recognized by a national post-graduate training authority, was accredited by a national post-graduate training authority, and is approved by the registrar, (ii) he or she holds Royal College certification or is confirmed by the Royal College to be eligible for Royal College certification, (iii) he or she holds Member Board certification or is confirmed by a Member Board to be eligible for board certification, (iv) he or she holds certification in a specialty field from the Collège des médecins du Québec; (c) establish that he or she holds a certificate issued by the minister stating that the applicant is required to provide medical services in a specified geographical area or practice setting; (d) if applicable, establish that he or she has engaged in the professional practice that he or she intends to practise in Manitoba within the approved time period; (e) if applicable, provide a description of the continuing professional development activities that the applicant was required to complete as a condition of authorization to practise medicine in any jurisdiction in Canada in the three years immediately preceding the application and indicate how he or she met those requirements; (f) establish that he or she has entered into a satisfactory arrangement with a practice supervisor; and (g) subject to subsection (2), establish that he or she has (i) satisfactorily completed an approved assessment in his or her specialty field of practice, and (ii) entered into a satisfactory arrangement with a practice mentor; (h) [repealed] M.R. 171/2022 . 3.16(2) An applicant is exempt from the requirements in clauses (1)⁠(g) (assessment and practice mentor) if the applicant establishes that one of the following criteria is met: (a) he or she (i) was not a member on the day he or she applies for registration in this class but (A) was previously registered as a provisional (specialty practice-limited) or provisional (academic — s. 181 faculty) member in good standing, or (B) was previously conditionally registered in a specialty field under the former Act or was previously registered in a specialty field under section 64 of that Act, (ii) has either satisfactorily completed an approved specialty practice assessment in the intended specialty field of practice or was exempt under the former Act from such a requirement while he or she was previously registered under the former Act, and (iii) has the training and experience necessary to competently engage in his or her professional practice within the intended specialty field of practice; (b) he or she holds Royal College certification or provides written confirmation from the Royal College that he or she is eligible for certification unless the eligibility has been or will be obtained through the practice eligibility route; (b.1) he or she (i) holds affiliate status with the Royal College in a subspecialty, (ii) successfully completed a Royal College subspecialty examination through the Royal College — Subspecialist Examination Affiliate Program, and (iii) has been required by the registrar to undergo an approved period of supervised practice; (c) he or she holds Member Board certification and has satisfactorily completed a post-graduate training program accredited by the Accreditation Council for Graduate Medical Education (USA); (d) he or she holds certification from the Collège des médecins du Québec; (e) in any other case, he or she meets the approved criteria for an exemption. 3.16(3) [Repealed] M.R. 171/2022 M.R. 171/2022 ; 100/2023 Membership period, area or practice setting 3.17(1) A person may be registered as a provisional (specialty practice-limited) member for a time period of not more than five years, which may be extended in accordance with sections 3.71 to 3.73. 3.17(2) A person may be registered as a provisional (specialty practice-limited) member to practise in a specific geographical area or practice setting as specified in the person's ministerial certificate. Condition of registration 3.18(1) As a condition of registration, a provisional (specialty practice-limited) member must be working towards meeting the requirements to be registered as a full (practising) member by (a) obtaining Royal College certification in a specialty field of practice; (a.1)  satisfactorily completing an approved period of supervised practice as a holder of affiliate status with the Royal College in a subspecialty; or (b) obtaining the designation of "successful in the MPAP" in the area in which he or she is assessed. 3.18(2) As a condition of registration, a provisional (specialty practice-limited) member must have a practice supervisor. M.R. 100/2023 Provisional (family practice-limited) class 3.19(1) An applicant for registration as a provisional (family practice-limited) member must (a) establish that he or she holds (i) a medical degree granted from a nationally approved faculty of medicine, or (ii) a Doctor of Osteopathic Medicine degree from a school in the United States accredited by the American Osteopathic Association Commission on Osteopathic College Accreditation; (b) establish that he or she meets one of the following criteria: (i) he or she holds CFPC certification or is confirmed by the CFPC to be eligible for certification by the CFPC, (ii) he or she holds Member Board certification in family medicine or is confirmed by a Member Board to be eligible, (iii) he or she holds certification in family medicine from the Collège des médecins du Québec, (iv) he or she has satisfactorily completed two years of post-graduate clinical training in family medicine that (A) took place in one or more facilities that provide health care and are recognized by a national post-graduate training authority, (B) was accredited with a national post-graduate training authority at the time he or she took the training, and (C) is approved by the registrar, (v) he or she has satisfactorily completed at least one year of post-graduate clinical training in family medicine that meets the requirements of subclause (iv) and has had a total of at least three years practice experience in family medicine in the preceding five-year period; (c) establish that he or she holds a certificate issued by the minister stating that the applicant is required to provide medical services in a specified geographical area or practice setting; (d) if applicable, establish that he or she has engaged in the area of family practice that he or she intends to undertake in Manitoba within the approved time period;
Part document.segment-2
College of Physicians and Surgeons of Manitoba General Regulation — segment 2
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College of Physicians and Surgeons of Manitoba General Regulation — segment 2
AI-assisted research summary: This provision sets conditions for medical registration classes and practice, including practice supervisors, practice agreements, limited-purpose declarations, and a valid certificate of practice.
(e) provide a description of the continuing professional development activities that the applicant was required to complete as a condition of authorization to practise family medicine in any jurisdiction in Canada in the three years immediately preceding the application and indicate how he or she met those requirements; (f) establish that he or she has entered into a satisfactory arrangement with a practice supervisor; and (g) subject to subsection (2), establish that he or she has (i) satisfactorily completed an approved family practice assessment, and (ii) entered into a satisfactory arrangement with a practice mentor; (h) [repealed] M.R. 171/2022 . 3.19(2) An applicant is exempt from the requirement in clause (1)⁠(g) (assessment and practice mentor) if the applicant establishes that one of the following criteria is met: (a) he or she (i) was not a member on the day he or she applies for registration in this class but (A) was previously registered as a provisional (family practice-limited) or provisional (academic — s. 181 faculty) member in good standing, or (B) was previously conditionally registered in the area of family practice under the former Act or was previously registered in the area of family practice under section 64 of that Act, (ii) has either satisfactorily completed an approved family practice assessment or was exempt under the former Act from such a requirement while he or she was previously registered under the former Act, and (iii) has the training and experience necessary to competently engage in family practice; (b) he or she holds CFPC certification or provides written confirmation from the CFPC that he or she is eligible for certification; (c) he or she holds Member Board certification in family medicine and has satisfactorily completed a post-graduate training program accredited by the Accreditation Council for Graduate Medical Education (USA); (d) he or she holds certification in family medicine from the Collège des médecins du Québec; (e) in any other case, he or she meets the approved criteria for an exemption. 3.19(3) [Repealed] M.R. 171/2022 M.R. 171/2022 ; 100/2023 Membership period, area or practice setting 3.20(1) A person may be registered as a provisional (family practice-limited) member for a time period of not more than five years, which may be extended in accordance with sections 3.71 to 3.73. 3.20(2) A person may be registered as a provisional (family practice-limited) member to practise in a specified geographical area or practice setting as specified in the person's ministerial certificate. Condition of registration 3.21(1) As a condition of registration, a provisional (family practice-limited) member must be working towards meeting the requirements to be registered as a full (practising) member by either (a) obtaining CFPC certification; or (b) obtaining the designation of "successful in the MPAP" in the area in which he or she is assessed. 3.21(2) As a condition of registration, a provisional (family practice-limited) member must have a practice supervisor. M.R. 100/2023 Provisional (MPAP) class 3.22(1) An applicant for registration as a provisional (MPAP) member must establish that he or she meets one of the following criteria: (a) he or she is registered in the MPAP and, immediately before applying for registration as a provisional (MPAP) member, he or she had been registered in good standing, and had practised continuously, for at least two years as (i) a provisional (specialty practice-limited) member, or (ii) a provisional (family practice-limited) member, and holds a certificate issued by the minister stating that the applicant is required to provide medical services in a specified geographical area or practice setting; (b) he or she is registered in the MPAP and either (i) he or she had been registered in good standing, and had practised continuously, for at least two years as a provisional (academic — s. 181 faculty) member immediately before applying for registration as a provisional (MPAP) member, or (ii) he or she had been registered in good standing, and had practised continuously, for at least two years as a provisional (academic — s. 181 faculty) member and no more than 60 days has passed since his or her s. 181 certificate was revoked or had lapsed; (c) he or she is registered in the MPAP and, immediately before the coming into force of this section, he or she held conditional or temporary registration in good standing under the former Act; (d) he or she is registered as a provisional (non-practising) member under subsection 3.34(2) immediately before applying for registration in this class and before being registered in provisional (non-practising) member, he or she had been registered as a member in the provisional (specialty practice-limited), provisional (family practice-limited) or provisional (academic – s.181 faculty) class in good standing, and had continuously practised as such, for at least two years. 3.22(2) An applicant under subsection (1) must also submit to the registrar a signed declaration that he or she will comply with the terms and conditions of the MPAP and any other conditions imposed by the registrar. Condition of registration 3.23 As a condition of registration, a provisional (MPAP) member must have a practice supervisor and must comply with the terms and conditions of the MPAP and any other conditions imposed by the registrar. Reader's aid 3.24 For provisions relating to the MPAP, see Part 7. Provisional (restricted purpose) class 3.25 An applicant for registration as a provisional (restricted purpose) member must (a) establish that he or she is authorized to practise medicine in another jurisdiction in Canada or elsewhere and is in good standing in that jurisdiction; (b) submit to the registrar a signed declaration that he or she will engage in the practice of medicine only for one or more of the following purposes: (i) to provide medical services on a temporary basis at a specified location or facility, (ii) to conduct a training course or clinical presentation related to his or her professional practice, (iii) to conduct or engage in a research program related to his or her professional practice, (iv) to demonstrate equipment or techniques to be used in clinical care related to his or her professional practice, (v) to provide medical services in Manitoba through a satisfactory virtual medicine site from a location outside Manitoba, (vi) to provide medical services during a public health emergency as authorized under subsection 56(1) of the Act, (vii) for any other approved purpose; (c) submit to the registrar a copy of his or her medical degree; and (d) establish that he or she has met any other approved requirements for provisional (restricted purpose) membership. Membership period, area or practice setting 3.26 A person may be registered as a provisional (restricted purpose) member for a time period, and a geographical area or practice setting, specified by the registrar. Condition of registration 3.27 As a condition of registration, a provisional (restricted purpose) member may be required to have a practice supervisor. Provisional (public health officer) class 3.28 An applicant for registration as a provisional (public health officer) member must submit to the registrar a written request from the minister or the minister's designate for the approval of the applicant's registration as such a member. Condition of registration 3.29 As a condition of registration, a provisional (public health officer) member must maintain his or her medical appointment to the public service under The Public Health Act . Provisional (temporary — locum) class 3.30 An applicant for registration as a provisional (temporary — locum) member must establish that (a) he or she was previously registered (i) as a full (practising) member, or a member in the provisional (specialty practice-limited) or (family practice-limited) class, in good standing but has ceased to engage in his or her professional practice in Manitoba, or (ii) as a registrant in good standing on the Manitoba Medical Register under the former Act; (b) he or she is currently authorized to practise medicine in another jurisdiction in Canada or elsewhere; (c) he or she is competent to engage in his or her professional practice for the purpose specified in his or her application; (d) he or she has entered into a satisfactory locum agreement with a regulated member; and (e) he or she has met any other approved requirements for provisional (temporary — locum) membership. Membership period, area or practice setting 3.31 A person may be registered as a provisional (temporary — locum) member for a time period, and a geographical area or practice setting, specified by the registrar. Provisional (transitional) class 3.32 The registrar may enter on the register of regulated members the name of a person registered under the former Act if that person meets one of the following criteria: (a) he or she was conditionally registered in good standing under section 5 of the former regulation and was granted an extension under section 7.1 of that regulation that was in effect immediately before the coming into force of this section; (b) he or she (i) was registered in good standing under section 9.1 of the former regulation immediately before the coming into force of this section, (ii) is not registered in the provisional (MPAP) class or the provisional (temporary — locum) class or is otherwise not eligible to be registered in any other membership class; (c) he or she was registered under section 10 of the former regulation immediately before the coming into force of this section. Membership period, area or practice setting 3.33 A person may be registered as a provisional (transitional) member (a) only for the time period necessary to complete the terms of his or her registration as granted under the former Act and former regulation; and (b) for a geographical area or practice setting specified by the registrar or in the person's ministerial certificate. Provisional (non-practising) class 3.34(1) An applicant for registration as a provisional (non-practising) member must establish that he or she was registered in good standing in one of the following membership classes immediately before applying for non-practising membership: (a) provisional (academic — s. 181 faculty); (b) provisional (specialty practice-limited); (c) provisional (family practice-limited); (d) provisional (public health officer). 3.34(2) A provisional (MPAP) member may apply for membership in the provisional (non-practising) class if he or she is unable to practise medicine due to a medical condition or while on a statutory or approved leave. Maximum membership period 3.35 The maximum time period for provisional (non-practising) membership for a member who was previously registered as a provisional (specialty practice-limited) member or provisional (family practice-limited) member is the remaining time period that he or she had under subsection 3.17(1) or 3.20(1), as the case may be, with any extensions approved before he or she was registered under this section. Retired (physician) class 3.36 An applicant for registration as a retired (physician) member must establish that he or she was registered in good standing in one of the following classes immediately before applying for retired membership: (a) full (practising); (b) full (non-practising); (c) provisional (academic — s. 181 faculty); (d) provisional (specialty practice-limited); (e) provisional (family practice-limited); (f) provisional (non-practising). All Regulated Associate Members Registration requirements for all regulated associate members 3.37 For the purpose of section 33 of the Act, an applicant for registration as a regulated associate member must (a) have passed the examinations that the council requires; (b) establish that his or her name has not been removed — as a result of professional misconduct, or any other cause, that is relevant to his or her suitability to practise medicine — from the register of persons authorized to engage in the practice of medicine, or any other health profession, in Canada or elsewhere; (c) establish that he or she has not been suspended — as a result of professional misconduct, or any other cause, that is relevant to his or her suitability to practise medicine — by a regulatory authority governing the practice of medicine, or any other health profession, in Canada or elsewhere; (d) establish that he or she does not have a physical or mental condition or disorder, including any addiction to alcohol or drugs, that may impair his or her ability to engage in the practice of medicine in a safe and effective manner, and that makes it desirable in the public interest that he or she not engage in the practice of medicine; (e) establish that he or she has not had a physical or mental condition or disorder, including any addiction to alcohol or drugs, that is likely to reoccur and impair his or her ability to engage in the practice of medicine in a safe and effective manner, and that makes it desirable in the public interest that he or she not engage in the practice of medicine; (f) establish that his or her past and present conduct affords reasonable grounds for the belief that the applicant will engage in the practice of medicine competently and with decency, integrity and honesty and in accordance with the law; (g) establish that he or she has not been convicted of an offence that is relevant to his or her suitability to practise medicine; (h) establish that he or she meets the approved English language fluency criteria; and (i) establish that he or she is legally entitled to work or study, as the case may be, in Canada. Assessment Candidate Membership Assessment candidate (specialty practice) class 3.38 The registrar may register an applicant in the assessment candidate (specialty practice) class if the applicant (a) establishes that he or she meets the requirements for registration as a provisional (specialty practice-limited) member in subsection 3.16(1) other than the requirements to (i) enter into a satisfactory arrangement with a practice supervisor under clause 3.16(1)⁠(f), and (ii) complete an approved assessment in his or her specialty field of practice and enter into a satisfactory arrangement with a practice mentor under clause 3.16(1)⁠(g); (b) establishes that he or she intends to practise in a specialty field of practice approved for this membership class; (c) establishes that he or she has been accepted into an approved assessment in a specialty field of practice; and (d) establishes that he or she has an employment offer to engage in his or her professional practice in a specific geographical area or practice setting that is approved by the minister. Membership period, area or practice setting 3.39(1) A person may be registered as an assessment candidate (specialty practice) member for a time period of up to 12 months, which may be extended in accordance with sections 3.71 to 3.73. 3.39(2) The time period described in subsection (1) does not include the time period for the orientation program referred to in section 3.40. 3.39(3) A person may be registered as an assessment candidate (specialty practice) member to practise in a specific practice setting. Condition of registration 3.40 As a condition of registration, the registrar may require that an assessment candidate (specialty practice) member complete an orientation program within a time period approved in accordance with a national standard. Assessment candidate (family practice) class 3.41 The registrar may register an applicant in the assessment candidate (family practice) class if the applicant establishes that (a) he or she meets the requirements for registration as a provisional (family practice-limited) member in subsection 3.19(1) other than the requirements to (i) enter into a satisfactory arrangement with a practice supervisor under clause 3.19(1)⁠(f), and (ii) complete an approved family practice assessment and enter into a satisfactory arrangement with a practice mentor under clause 3.19(1)⁠(g); (b) he or she has been accepted into an approved family practice assessment; and (c) he or she has an employment offer to engage in family practice in a specific geographical area, or practice setting, that is approved by the minister. Membership period, area or practice setting 3.42(1) A person may be registered as an assessment candidate (family practice) member for a period of up to three months, which may be extended in accordance with sections 3.71 to 3.73. 3.42(2) The time period described in subsection (1) does not include the time period for the orientation program referred to in section 3.43. 3.42(3) A person may be registered as an assessment candidate (family practice) member to practise in a specific geographical area or practice setting. Condition of registration 3.43 As a condition of registration, the registrar may require that an assessment candidate (family practice) member complete an orientation program within a time period approved in accordance with a national standard. Assessment candidate (re-entry to practise) class 3.44(1) The registrar may register an applicant in the assessment candidate (re-entry to practise) class if the applicant (a) is registered in the full (practising), provisional (specialty practice-limited) or provisional (family practice-limited) class; (b) indicates that he or she intends to change his or her professional practice to include one or more new areas of practice and he or she has not practised within those areas within the approved time period while registered in the full (practising), provisional (specialty practice-limited) or provisional (family practice-limited) class; and (c) submits to the registrar a written description of (i) the applicant's most recent professional practice and the area or areas to which the applicant intends to change his or her professional practice, and (ii) a re-entry plan that meets the approved requirements. 3.44(2) The registrar may register an applicant in the assessment candidate (re-entry to practise) class if the applicant meets each of the following requirements: (a) the applicant must establish that (i) he or she was registered in the non-practising membership class immediately before applying for registration in this class, or (ii) he or she was not registered in any membership class; (b) the applicant must establish that he or she meets one of the following criteria: (i) the requirements for full (practising) membership other than the minimum practice requirement under clause 3.8(c), (ii) the requirements for provisional (academic — s. 181 faculty) membership, (iii) the requirements for provisional (specialty practice-limited) membership other than the minimum practice requirement under clause 3.16(1)⁠(d), (iv) the requirements for provisional (family practice-limited) membership other than the minimum practice requirement under clause 3.19(1)⁠(d); (c) the applicant must submit to the registrar a written description of (i) the applicant's most recent professional practice and the area or areas to which the applicant intends to change his or her professional practice, and (ii) a re-entry plan that meets the approved requirements. Membership period, area or practice setting 3.45 A person may be registered as an assessment candidate (re-entry to practise) member to practise for a time period or in a geographical area or practice setting for assessment purposes as specified by the registrar. Condition of registration 3.46 As a condition of registration as an assessment (re-entry to practise) member, the registrar may require any or all of the following: (a) that the member undergo a period of supervision with a practice supervisor; (b) that the member undergo a period of mentorship with a practice mentor; (c) that the member successfully complete the specified examinations, tests, assessments, training or education that the registrar considers necessary or advisable to determine the member's competency to engage in his or her intended area or areas of professional practice. The registrar may also impose any other conditions that the registrar considers necessary or advisable while the member undergoes a review or assessment. No need to change membership class in certain circumstances 3.47(1) As an exception to section 3.44, a regulated member may apply for a review and assessment without applying to convert his or her registration to the assessment (re-entry to practise) class if he or she (a) intends to change his or her professional practice to include one or more areas of practice in which he or she has not practised within the three years immediately before applying; and (b) is registered in one of the following classes: (i) full (practising), (ii) provisional (academic — s. 181 faculty), (iii) provisional (specialty practice-limited), (iv) provisional (family practice-limited). 3.47(2) As an additional condition of registration, the registrar may require any or all of the following: (a) that the member undergo a period of supervision with a practice supervisor; (b) that the member undergo a period of mentorship with a practice mentor; (c) that the member successfully complete the specified examinations, tests, assessments, training or education requirements that the registrar considers necessary or advisable to assess the member's competency to engage in his or her intended area or areas of professional practice. The registrar may also impose any other conditions that the registrar considers necessary or advisable while the member undergoes a review or assessment. Educational Membership Educational (medical student) class 3.48 An applicant for registration as an educational (medical student) member must establish that he or she is confirmed by the Manitoba faculty to be enrolled as a medical student. Condition of registration 3.49 As a condition of registration, a member must continue to be enrolled as a medical student with the Manitoba faculty. Educational (physician assistant student) class 3.50 An applicant for registration as an educational (physician assistant student) member must establish that he or she is confirmed by the Manitoba faculty to be enrolled as a physician assistant student. Condition of registration 3.51 As a condition of registration, a member must continue to be enrolled as a physician assistant student in the Physician Assistant Education Program at the University of Manitoba. Educational (resident) class 3.52 An applicant for registration as an educational (resident) member must establish that (a) he or she holds (i) a medical degree from a faculty of medicine approved by the CACMS or LCME, (ii) a Doctor of Osteopathic Medicine degree from a school in the United States accredited by the American Osteopathic Association Commission on Osteopathic College Accreditation, or (iii) a medical degree from any other nationally approved faculty of medicine; (b) he or she is enrolled in a residency training program at the Manitoba faculty. M.R. 171/2022 ; 100/2023 Condition of registration 3.53(1) As a condition of registration, a member must continue to be enrolled in a residency training program at the Manitoba faculty. 3.53(2) As an additional condition of registration, the registrar may require an educational (resident) member to complete an orientation program approved by the registrar within a specified time period. Educational (resident-limited) class 3.54 An applicant for registration as an educational (resident-limited) member must (a) establish that he or she was registered as an educational (resident) member in good standing immediately before making the application; (b) establish that he or she has successfully completed a portion of training in an approved specialty field of practice; and (c) provide written confirmation from the program director and the dean of Post-Graduate Medical Education at the Manitoba faculty (or the dean's designate) that (i) he or she is enrolled in a residency training program at the Manitoba faculty, (ii) he or she is competent to provide the specified medical services including the performance of the specified reserved acts, (iii) he or she is legally entitled to work in Manitoba, and (iv) the Manitoba faculty undertakes to continue to supervise the applicant as a resident while he or she is registered as an educational (resident-limited) member; (d) [repealed] M.R. 100/2023 . M.R. 100/2023 Membership period, practice setting 3.55 A person may be registered as an educational (resident-limited) member for a time period, or in a practice setting, specified by the registrar. Condition of registration 3.56 As a condition of registration, an educational (resident-limited) member must (a) be registered in good standing in the applicable post-graduate medical education training program; and (b) be enrolled in a residency training program at the Manitoba faculty. Educational (external or visiting student) class 3.57 An applicant for registration as an educational (external or visiting student) member must (a) establish that he or she is a graduate, or an undergraduate or post-graduate student in good standing, of either (i) a nationally approved faculty of medicine located outside Manitoba, or (ii) an approved physician assistant training program located outside Manitoba; (b) if applicable, establish that he or she is in good standing with the regulatory authority in the jurisdiction in which he or she is currently authorized to practise medicine; and (c) provide written confirmation from the dean of the Manitoba faculty (or the dean's designate) that (i) he or she has been accepted by the Manitoba faculty as an external or visiting student in a specified department, (ii) he or she is legally entitled to study in Manitoba, (iii) he or she meets the approved English language fluency criteria, (iv) a specified regulated member from the department in which the external or visiting student will be studying has been designated to supervise the student, and (v) he or she has obtained a criminal record check from the jurisdiction in which the applicant is currently authorized to practise medicine, or is enrolled in the faculty or program, that is satisfactory to the Manitoba faculty. Membership period 3.58 A person may be registered as an educational (external or visiting student) member for a time period of not more than six consecutive months, which may be extended in accordance with sections 3.71 to 3.73. Condition of registration 3.59 As a condition of registration, an educational (external or visiting student) member must continue to be enrolled as an external or visiting student with the Manitoba faculty or the Physician Assistant Education Program at the University of Manitoba, as the case may be. Educational (non-practising) class 3.60 An applicant for registration as an educational (non-practising) member must establish that (a) he or she was registered or was qualified to be registered as an educational member in good standing immediately before applying for educational (non-practising) membership; and (b) his or her leave of absence has been approved by the Manitoba faculty. Physician Assistant Membership Physician assistant (full) class 3.61 An applicant for registration as a physician assistant (full) member must (a) establish that he or she has satisfactorily completed an approved clinical training program; and (b) establish that he or she meets one of the following criteria: (i) he or she is a graduate of the Physician Assistant Education Program at the Manitoba faculty, (ii) he or she (A) is a graduate of a physician assistant training program accredited by the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA) in the United States, (B) has passed the examination set by the NCCPA, and (C) holds the designation "PA-C", (iii) he or she is a graduate of another approved physician assistant training program. Physician assistant (restricted purpose) class 3.62 An applicant for registration as a physician assistant (restricted purpose) member must (a) establish that he or she is authorized to practise medicine as a physician assistant in another jurisdiction in Canada or elsewhere and is in good standing in that jurisdiction; (b) submit to the registrar a signed declaration that he or she will engage in the practice of medicine only for one or more of the following purposes: (i) to provide medical services on a temporary basis at a specified location or facility, (ii) to conduct a training course or clinical presentation related to his or her professional practice, (iii) to conduct or engage in a research program related to his or her professional practice, (iv) to demonstrate equipment or techniques to be used in clinical care related to his or her professional practice, (v) to provide medical services during a public health emergency as authorized under subsection 56(1) of the Act, (vi) for any other approved purpose; and (c) establish that he or she has met any other approved requirements for physician assistant (restricted purpose) membership. Membership period, area or practice setting 3.63 A person may be registered as a physician assistant (restricted purpose) member for a time period, geographical area or practice setting specified by the registrar. Physician assistant (academic — s. 181 faculty) class 3.64 An applicant for registration as a physician assistant (academic — s. 181 faculty) member must (a) submit to the registrar a written request to approve the applicant's registration from the dean of the Manitoba faculty (or the dean's designate) that contains the following: (i) a confirmation that the applicant is or will be legally entitled to work or study in Manitoba before engaging in his or her professional practice, (ii) a confirmation that the applicant meets the approved English language fluency criteria, (iii) a description of the applicant's most recent professional practice and proposed professional practice; and (b) establish that he or she has been granted a section 181 certificate. Membership period, condition of registration 3.65(1) A person may be registered as a physician assistant (academic — s. 181 faculty) member for as long as he or she holds a section 181 certificate. 3.65(2) As a condition of registration, a physician assistant (academic — s. 181 faculty) member must continue to hold a section 181 certificate. Physician assistant (non-practising) class 3.66(1) An applicant for registration as a physician assistant (non-practising) member must establish that he or she was registered or was qualified to be registered as a physician assistant (full) member in good standing immediately before applying for physician assistant (non-practising) membership. 3.66(2) For additional provisions relating to physician assistants, see Part 8. Clinical Assistant Membership Clinical assistant (full) class 3.67 An applicant for registration as a clinical assistant (full) member must (a) complete an approved assessment; and (b) establish that he or she meets one of the following criteria: (i) he or she holds (A) a degree in medicine granted from a nationally approved faculty of medicine, or (B) a Doctor of Osteopathic Medicine degree from a school in the United States accredited by the American Osteopathic Association Commission on Osteopathic College Accreditation, (ii) he or she is a graduate of an approved and accredited physician assistant or clinical assistant training program that is restricted to a field of practice, (iii) he or she is a member in good standing of a regulated health profession in Manitoba, (iv) he or she is certified in the highest level of emergency medical attendant certification at the time of application. Clinical assistant (non-practising) class 3.68(1) An applicant for registration as a clinical assistant (non-practising) member must establish that he or she was registered or was qualified to be registered as a clinical assistant (full) member in good standing immediately before applying for clinical assistant (non-practising) membership. 3.68(2) For other provisions relating to clinical assistants, see Part 8. Retired Retired (physician assistant) class 3.69 An applicant for registration as a retired (physician assistant) member must establish that he or she was registered in good standing in one of the following classes immediately before applying for retired membership: (a) physician assistant (full); (b) physician assistant (academic — s. 181 faculty); (c) physician assistant (non-practising). Retired (clinical assistant) class 3.70 An applicant for registration as a retired (clinical assistant) member must establish that he or she was registered in good standing in one of the following classes immediately before applying for retired membership: (a) clinical assistant (full); (b) clinical assistant (non-practising). DIVISION 2 EXTENSION Membership period may be extended by registrar 3.71(1) Subject to this section, the membership period for a class listed in Column 1 of the following table may be extended by the registrar, with or without conditions, for up to an additional 12 months for the reason or reasons listed opposite in Column 2. Column 1 Class Column 2 Reasons provisional (academic — visiting professor) the dean of the Manitoba faculty (or the dean's designate) requests the extension with reasons, and the registrar determines that exceptional or extenuating circumstances exist provisional (academic — post-certification trainee) the dean of the Manitoba faculty (or the dean's designate) requests the extension with reasons, and the registrar determines that exceptional or extenuating circumstances exist provisional (specialty practice-limited) the registrar determines that the member is experiencing or has experienced an extended absence from professional practice due to a medical condition or a statutory or approved leave provisional (family practice-limited) the registrar determines that the member is experiencing or has experienced an extended absence from professional practice due to a medical condition or a statutory or approved leave educational (external or visiting student) the dean of the Manitoba faculty (or the dean's designate) requests the extension with reasons assessment candidate (specialty practice) the registrar determines that the member is experiencing or has experienced an extended absence from professional practice due to a medical condition or a statutory or approved leave assessment candidate (family practice) the registrar determines that the member is experiencing or has experienced an extended absence from professional practice due to a medical condition or a statutory or approved leave 3.71(2) To obtain an extension, the member must (a) apply for the extension in writing before the specified membership period expires; and (b) provide written reasons for requesting the extension and any other information requested by the registrar. Registrar must provide written reasons 3.72 The registrar must provide to the member written reasons for the decision to grant the extension with conditions or not grant the extension and advise the member of the right to appeal the decision to the council. Appeal 3.73(1) If the requested extension is not granted or is granted with conditions, the member may, after receiving the decision under section 3.72, appeal the matter to the council. Sections 38 and 39 of the Act apply, with necessary changes, to an appeal. 3.73(2) For the purpose of an appeal under subsection (1), the following provisions of section 38 of the Act are to be read as follows: (a) in subsection 38(2), "30 days" is to be read as "15 days"; (b) in subsection 38(3), "90 days" is to be read as "60 days"; (c) in subsection 38(9), "90 days" is to be read as "30 days". DIVISION 3 CONVERSION Provisional (specialty practice-limited), (family practice-limited) or (MPAP) to provisional (non-practising) class 3.74(1) If (a) a provisional (specialty practice-limited) member in good standing; (b) a provisional (family practice-limited) member in good standing; or (c) a provisional (MPAP) member in good standing; ceases to have a practice supervisor, the registrar may change the member's registration to provisional (non-practising) membership for a period of not more than 30 days from the date the member ceases to have a practice supervisor. 3.74(2) If the member enters into a subsequent satisfactory arrangement with a practice supervisor before the 30-day period expires, the registrar may change the member's registration to the applicable class listed in subsection (1). Changing membership to full (practising) class 3.75 Upon receiving a designation of "successful in the MPAP" or otherwise completing the requirements for full (practising) membership under section 3.8, a member's registration in (a) the provisional (specialty practice-limited) class; (b) the provisional (family practice-limited) class; (c) the provisional (MPAP) class; or (d) the provisional (academic — s. 181 faculty) class; may be changed by the registrar to the full (practising) class. Changing registration when partially successful in MPAP 3.76 Upon receiving a designation of "partially successful in the MPAP", a member's registration in (a) the provisional (specialty practice-limited) class; (b) the provisional (family practice-limited) class; (c) the provisional (MPAP) class; or (d) the provisional (academic — s. 181 faculty) class; may be changed by the registrar to the full (practising) class in accordance with section 7.11 (restricted professional practice). Changing assessment candidate membership 3.77(1) Upon successful completion of the approved specialty practice assessment, the registration of an assessment candidate (specialty practice) may be changed by the registrar to provisional (specialty practice-limited) membership. 3.77(2) Upon successful completion of the approved family practice assessment, the registration of an assessment candidate (family practice-limited) may be changed by the registrar to provisional (family practice-limited) membership. 3.77(3) Upon successful completion of the approved re-entry plan, the registration of an assessment candidate (re-entry to practise) may be changed by the registrar, as the case may be, to (a) full (practising) membership; (b) provisional (specialty practice-limited); or (c) provisional (family practice-limited). Changing educational (resident-limited) class 3.78(1) If a member who is registered in the educational (resident-limited) class is no longer providing the specified medical services in the community but is still enrolled in the residency training program, the registrar may change the member's registration to the educational (resident) class. 3.78(2) If a member who is registered in the educational (resident-limited) class takes a leave of absence from the residency program, the registrar may change the member's registration to the educational (non-practising) class. Changing to non-practising class when no certificate of practice 3.79 If a member fails to renew or voluntarily surrenders his or her certificate of practice, the registrar may change the member's registration to the applicable non-practising class. DIVISION 4 CANCELLATION Overview 3.80 The requirements in sections 3.81 to 3.96 are in addition to the cancellation provisions set out in the Act. Provisional Membership Provisional (academic — s. 181 faculty) membership 3.81 The registration of a provisional (academic — s. 181 faculty) member is cancelled if the member's section 181 certificate is revoked or lapses. Provisional (academic — visiting professor) membership 3.82 The registration of a provisional (academic — visiting professor) member is cancelled on the earliest occurrence of the following: (a) the specified or extended membership period ends; (b) the member completes his or her teaching or studying obligations; (c) the member ceases to be supervised by the person or the department referred to in subclause 3.12(b)⁠(iv). Provisional (academic — post-certification trainee) membership 3.83 The registration of a provisional (academic — post-certification trainee) member is cancelled on the earliest occurrence of the following: (a) the specified or extended membership period ends; (b) the member completes the clinical or research training; (c) the member ceases to be supervised by the person, division or department referred to in subclause 3.14(b)⁠(iii). Provisional (specialty practice-limited) or (family practice-limited) membership 3.84(1) The registration of a provisional (specialty practice-limited) member or provisional (family practice-limited) member is cancelled on the earliest occurrence of the following: (a) the ministerial certificate is revoked or lapses; (b) [repealed] M.R. 100/2023 ; (c) the member's certification by the Royal College, American Board of Medical Specialties, or CFPC or the member's affiliate status with the Royal College, as the case may be, is revoked for cause; (d) the specified or extended membership period ends; (e) the member receives the designation of "unsuccessful in the MPAP"; (f) the member ceases to practise in Manitoba. 3.84(2) A person whose registration is cancelled under clause (1)⁠(d) or (e) may apply for registration only as a regulated associate member in one of the following classes: (a) educational (medical student); (b) educational (physician assistant); (c) educational (resident); (d) clinical assistant (full). 3.84(3) To avoid doubt, a person whose registration is cancelled under clause (1)⁠(d) or (e) is not permitted to apply for any class of regulated or regulated associate membership other than the ones listed in clauses (2)⁠(a) to (d). M.R. 100/2023 Provisional (MPAP) membership 3.85 The registration of a provisional (MPAP) member is cancelled on the earliest occurrence of the following: (a) the member ceases to be eligible for or registered in the MPAP; (b) the member receives the designation of "unsuccessful in the MPAP". Provisional (restricted purpose) membership 3.86 The registration of a provisional (restricted purpose) member is cancelled on the earliest occurrence of the following: (a) the registrar receives written notice that the purpose for registration has been fulfilled; (b) the specified membership period ends; (c) the member ceases to be registered in good standing as a member entitled to practise medicine in another jurisdiction in Canada or elsewhere. Provisional (public health officer) membership 3.87 The registration of a provisional (public health officer) member is cancelled when the member ceases to hold a medical appointment to the public service under The Public Health Act . Provisional (temporary — locum) membership 3.88 The registration of a provisional (temporary — locum) member is cancelled when the specified membership period ends. Provisional (transitional) membership 3.89 The registration of a provisional (transitional) member is cancelled on the expiry of the time period referred to in clause 3.33(a). Provisional (non-practising) membership 3.90 The registration of a provisional (non-practising) member who had been previously registered as a provisional (academic — s. 181 faculty) member is cancelled if the member's section 181 certificate is revoked or lapses. Assessment Candidate Membership Assessment candidate (specialty practice) or (family practice) membership 3.91 The registration of an assessment candidate (specialty practice) member or assessment candidate (family practice) member is cancelled on the earliest occurrence of the following: (a) the specified or extended membership period ends; (b) the member completes his or her assessment and the registrar receives the assessment results and changes his or her membership class as provided for in subsection 3.77(1) or (2); (c) the member fails the assessment or fails to complete it. Assessment candidate (re-entry to practise) membership 3.92 The registration of an assessment candidate (re-entry to practise) member is cancelled on the earliest occurrence of the following: (a) the specified or extended membership period ends; (b) the member fails to complete the approved re-entry plan; (c) the member completes the approved re-entry plan and the registrar changes his or her membership class as provided for in subsection 3.77(3). Educational Membership Educational membership 3.93(1) The registration of an educational member is cancelled on the earliest occurrence of the following: (a) if applicable to the member's class, the specified or extended membership period ends; (b) the member ceases to be enrolled or registered, as the case may be, (i) as a medical student with the Manitoba faculty, (ii) as a physician assistant student with the Physician Assistant Education Program at the University of Manitoba, (iii) in a residency training program with the Manitoba faculty, (iv) as an external or visiting medical student with the Manitoba faculty, or (v) as an external or visiting physician assistant student with the Physician Assistant Education Program at the University of Manitoba. 3.93(2) The registration of an educational member is cancelled when his or her registration in one of the following classes is approved by the registrar: (a) full (practising); (b) provisional (specialty practice-limited); (c) provisional (family practice-limited); (d) physician assistant (full). Physician Assistant Membership Physician assistant (restricted purpose) membership 3.94 The registration of a physician assistant (restricted purpose) member is cancelled on the earliest occurrence of the following: (a) the registrar receives written notice that the purpose for registration has been fulfilled; (b) the specified membership period ends; (c) the member ceases to be registered in good standing as a physician assistant in another jurisdiction in Canada or elsewhere. Physician assistant (academic — s. 181 faculty) membership 3.95 The registration of a physician assistant (academic — s. 181 faculty) member is cancelled if the member's section 181 certificate is revoked or lapses. Physician assistant (non-practising) membership 3.96 The registration of a physician assistant (non-practising member) who had been previously registered as a physician assistant (academic — s. 181 faculty) member is cancelled if the member's section 181 certificate is revoked or lapses. PART 4 PRACTICE Overview 4.1 A certificate of registration does not entitle a member to practise medicine. To do so, a member must also hold a certificate of practice. This Part adds to the requirements in the Act for a certificate of practice. It also deals with the requirement for professional liability insurance or coverage and sets out various prohibitions and obligations for members. CERTIFICATE OF PRACTICE Certificate of practice required 4.2(1) To engage in the practice of medicine, a member must hold a valid certificate of practice. 4.2(2) For greater certainty, a member's certificate of practice is issued subject to any conditions imposed on the member's certificate of registration. Who may be issued a certificate of practice 4.3(1) A certificate of practice may be issued to a member registered in one of the following classes: (a) full (practising); (b) provisional (i) academic — s. 181 faculty, (ii) academic — visiting professor, (iii) academic — post-certification trainee, (iv) specialty practice-limited, (v) family practice-limited, (vi) MPAP, (vii) restricted purpose, (viii) public health officer, (ix) temporary — locum, (x) transitional; (c) assessment candidate (i) specialty practice, (ii) family practice, (iii) re-entry to practise;
Part document.segment-3
College of Physicians and Surgeons of Manitoba General Regulation — segment 3
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College of Physicians and Surgeons of Manitoba General Regulation — segment 3
AI-assisted research summary: Members seeking or holding a certificate of practice must file required documents, keep insurance and registry checks current, update inaccurate information, and follow limits on prescribing, supervision, delegation, and titles.
(d) educational (i) medical student, (ii) physician assistant student, (iii) resident, (iv) resident-limited, (v) external or visiting student; (e) physician assistant (i) full, (ii) restricted purpose, (iii) academic — s. 181 faculty; (f) clinical assistant (full). 4.3(2) A certificate of practice may not be issued to a member who is registered in a non-practising or retired class. Requirements for issuing certificate of practice 4.4(1) For the purposes of clauses 40(1)⁠(e) and 41(1)⁠(e) of the Act, a member applying for a certificate of practice must submit to the registrar the following: 1. A signed application in the approved form. 2. The fees provided for in the by-laws. 3. A satisfactory criminal record check, child abuse registry check and adult abuse registry check. 4. Satisfactory evidence that the member meets the requirements for a certificate of practice set out in (a) subsections 40(1) or 41(1) of the Act, as the case may be; (b) subsection 4.4(2) of this regulation; and (c) if applicable, subsection 4.5(1) of this regulation. 5. Satisfactory information as to whether (a) the member is the subject of a current investigation or proceeding relating to his or her conduct, competence, capacity or fitness to practise a health profession or any other regulated profession or occupation in Canada or elsewhere; (b) the member is or has been the subject of a finding of conduct unbecoming, professional misconduct, incompetence or incapacity or lack of fitness to practise a health profession or any other regulated profession or occupation in Canada or elsewhere; (c) the member is or has been the subject of a review of his or her conduct, competence, capacity or fitness to practice a health profession or any other regulated profession or occupation in Canada or elsewhere, whether arising from a complaint or otherwise; (d) the member has been the subject of a claim, has settled a claim or has had a judgment made against him or her in relation to a civil claim in Canada or elsewhere respecting the applicant's professional practice or professional activities; (e) the member has had his or her authority to practise medicine or any other health profession suspended, restricted or revoked; (f) the member is or has been the subject of a denial of an application to practise a health profession or any other regulated profession or occupation in Canada or elsewhere; (g) the member has entered a guilty plea to, or has a conviction for, a criminal offence or an offence under any narcotic or controlled substances legislation in any jurisdiction; (h) the member has any outstanding criminal charges in respect of any offences including under any narcotic or controlled substances legislation in any jurisdiction in Canada or elsewhere; (i) the member is resuming practice after ceasing to hold a valid certificate of practice for two or more consecutive months; and (j) the member is or will be performing a procedure that involves a risk of transmission of a bloodborne pathogen. 6. A list of each jurisdiction in which the member is currently authorized to practise medicine or any other health profession or has been authorized to practise medicine within the preceding year. 7. Satisfactory evidence that the member has (a) made the appropriate arrangements for the storage of patient and appointment records that the member has, or will have, in his or her possession in accordance with the college's Standards of Practice Regulation; and (b) provided for access by a patient or his or her representative to any records specific to the patient. 8. Any other information requested by the registrar, which may include any further information related to the application requirements set out in items 1 to 7. 4.4(2) For the purpose of clause 40(1)⁠(f) or 41(1)⁠(f) of the Act, an applicant for a certificate of practice must establish (a) that he or she does not have a physical or mental condition or disorder, including any addiction to alcohol or drugs, that may impair his or her ability to engage in the practice of medicine in a safe and effective manner, and that makes it desirable in the public interest that he or she not engage in the practice of medicine; (b) that he or she has not had a physical or mental condition or disorder, including any addiction to alcohol or drugs, that is likely to reoccur and impair his or her ability to engage in the practice of medicine in a safe and effective manner, and that makes it desirable in the public interest that he or she not engage in the practice of medicine; (c) that his or her past and present conduct affords reasonable grounds for the belief that the applicant will engage in the practice of medicine competently and with decency, integrity and honesty and in accordance with the law; (d) that he or she has not been convicted of an offence that is relevant to his or her suitability to engage in the practice of medicine; and (e) that he or she has obtained professional liability insurance or coverage as required by subsection 4.12(1). Additional requirements for physician assistant or clinical assistant applicants 4.5(1) An applicant for a certificate of practice who is or will be registered as a physician assistant (full), (restricted purpose) or (academic — s. 181 faculty) or clinical assistant (full) must also submit a practice description and contract of supervision to the registrar for approval. 4.5(2) For the purpose of clause 41(1)⁠(f) of the Act, a certificate of practice may be issued only if the registrar approves the practice description and contract of supervision. 4.5(3) As an aid to the reader, for specific provisions relating to the requirements for a practice description and contract of supervision, see Part 8. Expiry of certificate 4.6(1) Subject to subsection 46(3) of the Act, a certificate of practice is valid from the date it is issued or renewed until the expiry date specified on the certificate. 4.6(2) Despite subsection (1), a member's certificate of practice is no longer valid if (a) the member ceases to be registered in a class whose members are eligible for a certificate of practice; (b) the member's certificate of registration is cancelled or surrendered; (c) the member's certificate of practice is surrendered; or (d) the member ceases to be covered by the professional liability insurance or coverage required by subsection 4.12(1). Renewal requirements 4.7(1) To renew a certificate of practice, a member must (a) submit to the registrar items 1, 2 and 4 to 7 of subsection 4.4(1) and any other information required by the registrar; and (b) meet the continuing competency requirements under Part 10. 4.7(2) If an applicant fails to meet the continuing competency requirements, the registrar may (a) renew the applicant's certificate of practice subject to any conditions that the standards committee or the registrar considers necessary or advisable; and (b) require the applicant to successfully complete any examinations, tests, assessment, training or education that the registrar considers necessary to establish that the member is competent to engage in his or her professional practice. Labour mobility 4.8 Sections 4.4 to 4.7 are subject to the college's obligations under subsection 3(1) of The Labour Mobility Act . Certificate of practice may be cancelled 4.9 A member's certificate of practice is cancelled when the member's registration is cancelled under the applicable provision in Part 3, Division 4 (Cancellation). CONTINUING OBLIGATIONS RE INFORMATION Change in information 4.10 If, for any reason, the information provided by a member under item 5 of subsection 4.4(1) becomes inaccurate or incomplete, the member must promptly submit accurate and complete information to the registrar in a satisfactory form. Criminal and abuse registry checks 4.11(1) A member who holds a certificate of practice must submit to the registrar a satisfactory criminal record check, child abuse registry check and adult abuse registry check within the approved time period. 4.11(2) If, at any time, the registrar receives information that causes the registrar to believe that the member may pose a risk to the public or may be unable to engage in the practice of medicine in a safe and effective manner, the registrar may require the member to provide an additional satisfactory criminal record check, child abuse registry check and adult abuse registry check. 4.11(3) The registrar may request additional information respecting the criminal record check, child abuse registry check or adult abuse registry check provided by the member. PROFESSIONAL LIABILITY INSURANCE OR COVERAGE Insurance or coverage required 4.12(1) Subject to subsection (5), a member who holds a certificate of practice must obtain and maintain professional liability insurance or coverage that extends to all areas of the member's professional practice through either or both of the following: (a) a policy of professional liability insurance of an approved type to a minimum coverage limit of $10 million for each occurrence or claim; (b) membership in the Canadian Medical Protective Association. 4.12(2) If the registrar becomes aware that the member is no longer maintaining the required professional liability insurance or coverage, the registrar may suspend the member's certificate of practice and notify the member. 4.12(3) The member must keep available for inspection by the college evidence that he or she complies with subsection (1). 4.12(4) The member must promptly notify the registrar if he or she is no longer covered by the liability insurance or coverage required under subsection (1) and surrender his or her certificate of practice to the registrar. 4.12(5) A member is not required to comply with subsection (1) if he or she is (a) a member who provides satisfactory written evidence from his or her employer that (i) the member is engaging in the practice of medicine only in respect of other employees of the employer and not in respect of any members of the public, and (ii) any professional liability claim made against the member will be covered by the employer or the employer's insurance or coverage; (b) a physician assistant or clinical assistant who provides satisfactory written evidence from his or her employer that (i) the member is engaging in his or her professional practice under an approved contract of supervision, and (ii) any professional liability claim made against the member will be covered by the insurance or coverage of the supervisor or employer; (c) an educational (medical student) member, educational (external or visiting student) member, or educational (physician assistant student) member in respect of whom satisfactory evidence is provided by the Manitoba faculty that the member is or will be covered by the University of Manitoba's insurer while engaged in his or her professional practice as part of his or her educational requirements; or (d) a member who does not ordinarily reside in Manitoba and who does not engage in the practice of medicine in respect of any patients in Manitoba. OBLIGATIONS AND PROHIBITIONS Working or studying in Canada 4.13 A member (other than a member in a non-practising or retired class) must be legally entitled to work or study, as the case may be, in Canada. Complying with restricted purpose declaration 4.14(1) A provisional (restricted purpose) member must comply with the conditions of his or her signed declaration referred to in clause 3.25(b). 4.14(2) A physician assistant (restricted purpose) member must comply with the conditions of his or her signed declaration referred to in clause 3.62(b). No direct patient care provided by public health officer 4.15 A provisional (public health officer) member must not provide direct patient care. Complying with locum arrangement 4.16 A provisional (temporary — locum) member must comply with his or her locum arrangement. Directing or supervising students and residents 4.17(1) A member must not direct or supervise the practice of medicine by (a) a medical student unless the student is registered as an educational (medical student) member or educational (external or visiting student) member; (b) a physician assistant student unless the student is registered as an educational (physician assistant) member; or (c) a person enrolled in a residency training program with the Manitoba faculty unless the person is registered as an educational (resident) or educational (resident-limited) member. 4.17(2) A member who directs or supervises the practice of medicine by a member in an educational class must do so in accordance with the supervision requirements of the Manitoba faculty. Active participation in residency program 4.18 An educational (resident-limited) member must actively participate in his or her residency training program. Suspended member 4.19 While suspended, a suspended member must not represent himself or herself to be, or hold himself or herself out as, a member in good standing or a member who is not under suspension. PART 5 RESERVED ACTS Overview 5.1 The Practice of Medicine Regulation sets out the reserved acts included in the practice of medicine. Restrictions on performing certain reserved acts are set out in this Part. They are in addition to the restrictions set out in Part 2 of the Act and the Practice of Medicine Regulation . This Part also includes the rules for delegating and supervising the performance of reserved acts. Reserved acts performed by members 5.2 A member who holds a valid certificate of practice may perform the reserved acts for the practice of medicine as permitted by Part 2 of the Act, sections 5 and 6 of the Practice of Medicine Regulation and this Part. Definitions 5.3 The following definitions apply in this Part. "in-patient" means a patient who has been assigned to a bed in a hospital or a facility designated under The Mental Health Act but does not include a patient assigned to an emergency bed or a temporary holding bed. (« patient hospitalisé ») "M3P schedule" means the schedule of the drugs that require surveillance and monitoring and are set under the Manitoba Prescribing Practices Program. (« annexe du Programme ») "Manitoba Prescribing Practices Program" means the program adopted by the council and the council of the College of Pharmacists of Manitoba, as amended from time to time. (« Programme portant sur les pratiques liées à la délivrance d'ordonnances ») "member" means a regulated member, or a regulated associate member, who holds a valid certificate of practice. (« membre ») RESERVED ACTS RE DRUGS AND VACCINES Residents Reserved act 6 — restriction on prescribing 5.4(1) An educational (resident) or (resident-limited) member may prescribe a drug or vaccine only if the member is authorized to do so and only in accordance with the requirements of this Part. 5.4(2) An authorization is limited to prescribing drugs and vaccines to patients treated by the member in an educational setting. 5.4(3) To obtain an authorization, the member must apply in writing to the registrar and meet the following criteria: (a) [repealed] M.R. 100/2023 ; (b) he or she must provide a letter signed by the member's program director and the Associate Dean of Post-Graduate Medical Education (or designate) confirming that (i) the member is registered as a resident in good standing and is, at a minimum, in his or her second year of residency training, (ii) there are no clinical or ethical concerns with the member being authorized to prescribe a drug or vaccine, and (iii) the member has participated in an approved educational program about pharmacology and pharmacotherapy. 5.4(4) The registrar may issue an authorization, which may be subject to any additional conditions that the registrar considers necessary or advisable. M.R. 100/2023 Prescription requirements 5.5(1) A prescription issued by an educational (resident) or (resident-limited) member must include (a) the member's name and year of training; and (b) the following information unless the prescription is issued to an in-patient: (i) the name of the regulated member who admitted and is most responsible for the patient, (ii) the member's telephone or paging number, (iii) one or more of the following: (A) the patient's clinical indication, (B) the patient's diagnosis, (C) the treatment goal for the patient. 5.5(2) An educational (resident) or (resident-limited) member must not (a) issue a prescription for more than a three-month supply of a drug to; or (b) authorize a refill of a prescription for; a patient who is not an in-patient. 5.5(3) An educational (resident) or (resident-limited) member must not issue a prescription in respect of a patient who is not an in-patient for (a) any drug covered by the Manitoba Prescribing Practices Program; or (b) a codeine-containing compound exceeding 60 mg of codeine per dose. Prescription renewal requirements 5.6 An educational (resident) or (resident-limited) member must not renew a prescription of a patient who is not an in-patient (a) unless the member has assessed the patient to determine whether a renewal is appropriate; or (b) over the telephone. Issuing a requisition 5.7 Despite sections 5.4 to 5.6, an educational (resident) or (resident-limited) member may issue a requisition for a drug or vaccine to an in-patient treated by the member in an educational setting if the requisition is issued in the course of the routine writing of an in-hospital order in the patient's chart. Members Prescribing M3P schedule drugs 5.8(1) A member who is authorized under the Controlled Drugs and Substances Act (Canada) to prescribe the drugs listed on the M3P schedule must (a) use an approved form to issue the prescription; and (b) prescribe only one drug on each form. 5.8(2) The prescription must (a) include the patient's name, address, date of birth and personal health information number on the approved form; (b) clearly and accurately set out the name and dosage form of the drug, the quantity to be dispensed, and the directions for use, including the intervals at which the drug is to be taken; and (c) be dated and signed by the member. 5.8(3) Subject to the regulations under the Controlled Drugs and Substances Act (Canada) and section 5.12 of this regulation, physician assistants and clinical assistants are not authorized to prescribe drugs listed on the M3P schedule. Prescribing methadone for opioid dependency or analgesia 5.9(1) A member may prescribe methadone for opioid dependency or analgesia only if the member has obtained the registrar's approval. 5.9(2) For the purpose of subsection (1), the member must apply to the registrar in the approved form to obtain the registrar's approval. 5.9(3) The registrar may provide the approval in accordance with the approved requirements for prescribing methadone for opioid dependency or analgesia, which may include requirements for training, supervision and demonstrations of competency. Renewal requirement 5.10 A member who is a regulated member must participate in a satisfactory continuing professional development program before renewing the approval. Prescribing suboxone for opioid use disorder 5.11(1) A member who wishes to prescribe suboxone for opioid use disorder must apply in the approved form to the registrar for approval. 5.11(2) The registrar may approve the application in accordance with the approved requirements for prescribing suboxone for opioid use disorder, which may include requirements for training, supervision and demonstrations of competency. Physician Assistants and Clinical Assistants Reserved act 6 — restriction on prescribing 5.12(1) A physician assistant or clinical assistant may prescribe a drug or vaccine only if (a) his or her supervisor has determined that the assistant is qualified to prescribe that drug or vaccine; and (b) the prescribing is done in accordance with the assistant's practice description. 5.12(2) A prescription issued by a physician assistant or a clinical assistant must include (a) his or her name and the designation "PA" or "Cl. A", as the case may be; (b) the name of his or her supervising physician; (c) his or her telephone or paging number; and (d) one or more of the following: (i) the patient's clinical indication, (ii) the patient's diagnosis, (iii) the treatment goal for the patient. 5.12(3) The following definitions apply in this section. "clinical assistant" means a clinical assistant (full). (« assistant médical ») "physician assistant" means a member registered as a physician assistant (full), physician assistant (restricted purpose) or physician assistant (academic — s. 181 faculty). (« auxiliaire médical ») Reserved Acts 7 and 8 Reserved acts 7 and 8 — compounding, dispensing and selling drugs and vaccines 5.13(1) A regulated member may (a) compound a drug or vaccine; or (b) dispense or sell a drug or vaccine; only if the member is authorized to do so under The Pharmaceutical Act . 5.13(2) A regulated associate member is not authorized to (a) compound a drug or vaccine; or (b) dispense or sell a drug or vaccine. RESERVED ACT FOR WEARABLE HEARING INSTRUMENTS Reserved act 16 5.14 A regulated member or a regulated associate member may prescribe, dispense or fit a wearable hearing instrument only if he or she also holds a valid licence to engage in the practice of a hearing aid dealer issued under The Hearing Aid Act or is exempt from the requirement to be licensed under that Act. DELEGATION Delegating by regulated members 5.15(1) A regulated member must not delegate a reserved act to another member. 5.15(2) A regulated member may delegate the performance of a reserved act to a person referred to in clause 6(1)⁠(b) or (c) of the Act only if he or she (a) is legally permitted and competent to perform the reserved act being delegated; (b) is satisfied on reasonable grounds that the person accepting the delegation is competent to perform the reserved act; (c) is satisfied on reasonable grounds that it is safe and appropriate for the person accepting the delegation to perform the reserved act; and (d) is readily available for consultation while the person accepting the delegation performs the reserved act. 5.15(3) For the purpose of clause (2)⁠(b), a person is considered to be competent to perform a reserved act if he or she has the requisite knowledge, skill and judgment to perform the act. 5.15(4) Despite subsection (2), a regulated member must not delegate the following reserved acts: reserved act 1: making a diagnosis and communicating it to an individual or his or her personal representative in circumstances in which it is reasonably foreseeable that the individual or representative will rely on the diagnosis to make a decision about the individual's health care reserved act 6: prescribing a drug or vaccine reserved act 7: compounding a drug or vaccine reserved act 8: dispensing or selling a drug or vaccine reserved act 14: managing labour or the delivery of a baby reserved act 16: prescribing, dispensing or fitting a wearable hearing instrument 5.15(5) As an exception to subsection (4), a regulated member may delegate the following reserved act to a genetic counsellor who (a) is certified by the Canadian Association of Genetic Counsellors or the American Board of Genetic Counselling; and (b) performs the reserved act at a facility or a hospital designated under The Health Services Insurance Act : reserved act 1: communicating a diagnosis relating to a genetic disease or disorder to an individual or his or her personal representative in circumstances in which it is reasonably foreseeable that the individual or representative will rely on the diagnosis to make a decision about the individual's health care 5.15(6) As an exception to subsection (4), a regulated member may delegate the following reserved act to a member of the College of Dietitians of Manitoba who performs the reserved act at a hospital but only if the delegation is provided for in a protocol or policy in place at that hospital: reserved act 6: prescribing a drug to a person who is an in-patient at the hospital for the purpose of total parenteral nutrition or pancreatic enzyme replacement therapy or that is a vitamin or mineral supplement or a phosphate binder Delegating by regulated associate members 5.16(1) A regulated associate member — other than an assessment candidate member or an educational (resident) or (resident-limited) member — must not delegate the performance of a reserved act. 5.16(2) An assessment candidate member or an educational (resident) or (resident-limited) member must not delegate a reserved act to another member, including a physician assistant or clinical assistant. 5.16(3) An assessment candidate member or an educational (resident) or educational (resident-limited) member may delegate the performance of a reserved act to a person referred to in clause 6(1)⁠(b) or (c) of the Act only if (a) the member (i) is legally permitted and competent to perform the reserved act being delegated, (ii) is satisfied on reasonable grounds that the person accepting the delegation is competent to perform the reserved act, (iii) is satisfied on reasonable grounds that it is safe and appropriate for the person accepting the delegation to perform the reserved act, and (iv) is readily available for consultation while the person accepting the delegation performs the reserved act; and (b) the member's supervisor has approved his or her ability to delegate the reserved act. 5.16(4) Despite subsection (3), an assessment candidate member or an educational (resident) or (resident-limited) member must not delegate the following reserved acts: reserved act 1: making a diagnosis and communicating it to an individual or his or her personal representative in circumstances in which it is reasonably foreseeable that the individual or representative will rely on the diagnosis to make a decision about the individual's health care reserved act 6: prescribing a drug or vaccine reserved act 7: compounding a drug or vaccine reserved act 8: dispensing or selling a drug or vaccine reserved act 14: managing labour or the delivery of a baby reserved act 16: prescribing, dispensing or fitting a wearable hearing instrument 5.16(5) For the purpose of subclause (3)⁠(a)⁠(ii), a person is considered to be competent to perform a reserved act if he or she has the requisite knowledge, skill and judgment to perform the act. Requirements for delegation 5.17(1) A delegation may relate to a specific patient or to a group of patients who meet clinical conditions specified in the delegation. 5.17(2) A delegation may be in writing or, in the case of a delegation relating to a specific patient, may be made verbally. 5.17(3) A written delegation must (a) name the person or specify the class of persons to whom the delegation is made; (b) name the patient to whom the delegation relates or, in the case of a delegation that relates to a group of patients, a list of the specific clinical conditions, if any, that a patient must meet before the delegated reserved act may be performed; (c) provide necessary instructions for performing the reserved act; (d) state the duration of the delegation; (e) specify any conditions that the member who makes the delegation considers appropriate; and (f) be signed by the regulated member, assessment candidate member or educational (resident) or (resident-limited) member who makes the delegation. 5.17(4) A regulated member or assessment candidate member or educational (resident) or (resident-limited) member who makes a verbal delegation must ensure that it is noted on the patient's chart as soon as practicable after the delegation is made. SUPERVISION Supervising students and residents 5.18(1) A regulated associate member in an educational class may perform a reserved act only if the member is supervised by a regulated member who is legally permitted and competent to perform the reserved act. 5.18(2) A supervisor referred to in subsection (1) must be physically present and available to assist during the performance of the reserved act. 5.18(3) Despite subsection (2), the supervisor does not need to be physically present if he or she determines that the member does not require that level of supervision. But the supervisor must be available for consultation while the member performs the reserved act. Educational (physician assistant student) may be supervised by physician assistant 5.19 Despite subsection 5.18(1), an educational (physician assistant student) member may perform a reserved act if the member is supervised by a physician assistant (full), (restricted purpose) or (academic — s. 181 faculty) member who is legally permitted and competent to perform the reserved act in accordance with section 5.20. Supervising physician assistants or clinical assistants 5.20(1) A physician assistant or clinical assistant may perform a reserved act only if the assistant (a) receives authorization from his or her supervisor to perform the reserved act; and (b) is supervised by a regulated member who is legally permitted and competent to perform the reserved act. Definitions 5.20(2) The following definitions apply in this section. "clinical assistant" means a clinical assistant (full). (« assistant médical ») "physician assistant" means (a) a physician assistant (full); (b) a physician assistant (restricted purpose); or (c) a physician assistant (academic — s. 181 faculty). (« auxiliaire médical ») 5.20(3) As an aid to the reader, see Part 8 for other provisions relating to physician assistants and clinical assistants. Supervising genetic counsellors or genetic assistants 5.21(1) A person training to be certified as a genetic counsellor by the Canadian Association of Genetic Counsellors or the American Board of Genetic Counselling may perform the reserved act referred to in subsection 5.15(5) but only (a) if the performance of the reserved act is (i) supervised by a regulated member, and (ii) done in a facility or hospital that is designated under The Health Services Insurance Act ; and (b) during the five-year period from the person's successful completion of a master's degree in genetic counselling from (i) a program accredited by the Accreditation Council of Genetic Counseling, or (ii) an unaccredited program if the person is eligible to apply for certification by the Canadian Association of Genetic Counsellors Examination Board. 5.21(2) A genetic assistant may perform the reserved act referred to in subsection 5.15(5) but only if (a) the performance of the reserved act is (i) supervised by a regulated member, and (ii) done in a facility or a hospital that is designated under The Health Services Insurance Act ; and (b) the medical director at the facility or hospital referred to in subclause (a)⁠(ii) considers the genetic assistant to be competent to perform the reserved act. PART 6 TITLES Overview 6.1 This Part adds to the title restriction provisions in section 78 of the Act. Definition 6.2 In sections 6.3 to 6.6, "member" means (a) a regulated member; or (b) a regulated associate member registered in any of the following classes: (i) assessment candidate (specialty practice), (ii) assessment candidate (family practice), (iii) assessment candidate (re-entry to practise), (iv) educational (resident), (v) educational (resident-limited). Use of "doctor", "physician", "medical practitioner" and "surgeon" 6.3(1) A member is permitted to use the following titles and abbreviations or a variation of any of them or an equivalent in another language: (a) the title "doctor" and the abbreviation "Dr."; (b) the title "medical doctor" or "doctor of medicine" and the abbreviation "MD"; (c) the title "physician"; (d) the title "medical practitioner" or "practitioner of medicine". 6.3(2) A member is permitted to use the title "surgeon", or any variation or abbreviation of it or an equivalent in another language, if the title appropriately and accurately describes the member's professional practice. 6.3(3) No person — other than a member — shall use any of the titles or abbreviations referred to in subsection (1) or (2) alone or in combination with other words in a manner that states or implies that the person is a member entitled to practise medicine. Use of "family physician", "family doctor" and "general practitioner" 6.4(1) A member whose registration indicates that he or she is engaged in family practice is permitted to use the following titles and abbreviations or a variation of any of them or an equivalent in another language: (a) the title "family physician" or the abbreviation "FP"; (b) the title "family doctor"; (c) the title "general practitioner" or the abbreviation "GP". 6.4(2) No person — other than a member whose registration indicates that he or she is engaged in family practice — shall use any of the titles or the abbreviation referred to in subsection (1) alone or in combination with other words in a manner that states or implies that the person is a member entitled to engage in family practice. Use of "osteopath", "doctor of osteopathy", etc. 6.5(1) A member who holds a Doctor of Osteopathic Medicine degree from a school in the United States accredited by the American Osteopathic Association Commission on Osteopathic College Accreditation is permitted to use the following titles and the abbreviation or a variation of any of them or an equivalent in another language: (a) the title "osteopath"; (b) the title "osteopathic doctor", "doctor of osteopathy" or "doctor of osteopathic medicine" and the abbreviation "DO"; (c) the title "osteopathic physician"; (d) the title "osteopathic practitioner", "practitioner of osteopathy", "osteopathic medical practitioner" or "practitioner of osteopathic medicine". 6.5(2) No person — other than a member described in subsection (1) — shall use any of the titles or abbreviations referred to in that subsection alone or in combination with other words in a manner that states or implies that the person is a member entitled to practise medicine. Specialist designation 6.6(1) A member who is registered on the specialist register is permitted to use the designation "specialist" or any variation or abbreviation of it or equivalent in another language to describe his or her professional practice or to hold himself or herself out as a person who is qualified to practise medicine as a specialist. 6.6(2) No person — other than a member described in subsection (1) — shall use the designation "specialist" or any variation or abbreviation of it or equivalent in another language alone or in combination with other words in a manner that states or implies that the person is a member qualified to practise medicine as a specialist. Use of the phrase "special interest in" or "practice restricted to" 6.7(1) A regulated member who is not registered on the specialist register is permitted to use the phrase "special interest in" or "practice restricted to", or both, when referring to the member's professional practice if (a) the member's field of practice is not one that is listed in clause 2.10(2)⁠(b) as a specialty field of practice; or (b) the member's field of practice is listed in clause 2.10(2)⁠(b) as a specialty field but the member's registration does not indicate that he or she is qualified to practise as a specialist in that specialty field. The phrase must appear immediately before the member's field of practice. 6.7(2) As an aid to the reader, the following are examples of such phrases: (a) a member with a special interest in sports medicine; (b) a family practitioner with a special interest in psychiatry; (c) a member with a special interest in and practice restricted to oncology. Physician assistant titles and abbreviations 6.8(1) A member who is registered in any physician assistant membership class (including the physician assistant (retired) class) is permitted to use the title "physician assistant" and the abbreviation "PA" or any variation of them or equivalent in another language. 6.8(2) No person — other than a member described in subsection (1) — shall use the title or abbreviation described in that subsection or any variation of them or the equivalent in another language alone or in combination with other words in a manner that states or implies that the person is a physician assistant. Clinical assistant titles and abbreviations 6.9(1) A member who is registered in any clinical assistant membership class (including the clinical assistant (retired) class) is permitted to use the title "clinical assistant" and the abbreviation "Cl. A." or any variation of them or equivalent in another language. 6.9(2) No person — other than a member who is registered in a clinical assistant membership class — shall use any titles or abbreviations listed in subsection (1) or any variation of them or the equivalent in another language alone or in combination with other words in a manner that states or implies that the person is a clinical assistant. Indicating membership class 6.10 When using a title or abbreviated title, or both, as permitted by this Part, a member of a class set out in Column 1 of the following table must also indicate his or her membership class immediately after the member's title or abbreviated title by using the phrase set out opposite in Column 2 and in accordance with the council's policies: Column 1 Membership class Column 2 Phrase to be used full (non-practising) (Non-practising) provisional (non-practising) physician assistant (non-practising) clinical assistant (non-practising) educational (medical student) (Educational — Medical Student) educational (physician assistant student) (Educational — Physician Assistant Student) educational (resident) (Resident) educational (resident-limited) educational (external or visiting student) (Educational — External or Visiting Student) provisional (restricted purpose) "(Restricted Purpose)" together with the type of restricted purpose physician assistant (restricted purpose) provisional (MPAP) (MPAP) assessment candidate (specialty practice) "(Assessment)" together with his or her specialty field of practice assessment candidate (family practice) (Assessment — Family Practice) assessment candidate (re-entry to practise) (Assessment — Re-entry) retired (physician) "(Retired)" or "(Ret)" retired (physician assistant) retired (clinical assistant) Use of "registered", "licenced" 6.11(1) A member is permitted to use the term "registered" or a variation or abbreviation of it or an equivalent in another language in association with or as part of his or her title. 6.11(2) Only a member who holds a valid certificate of practice is permitted to use the term "licenced" or a variation or abbreviation of it or an equivalent in another language to describe his or her professional practice. PART 7 MANITOBA PRACTICE ASSESSMENT PROGRAM Definitions 7.1 The following definitions apply in this Part. "applicant" means a member who has been registered for at least two years as a (a) provisional (academic — s. 181 faculty); (b) provisional (specialty practice-limited); or (c) provisional (family practice-limited); and has continuously practised as such a member for at least two years. (« candidat ») "participant" means a provisional member registered in the MPAP. (« participant ») Purpose of Manitoba Practice Assessment Program 7.2 The purpose of the Manitoba Practice Assessment Program is to provide a means by which a participant is assessed to determine whether he or she is competent to engage independently in the practice of medicine in one of more fields of practice offered by the program. Applying for a referral to MPAP 7.3 An applicant may apply for a referral to the MPAP by submitting to the registrar the following: (a) a signed application in the approved form; (b) the fees provided for in the by-laws; (c) any other information requested by the registrar. Registrar may make referral 7.4 The registrar may refer an applicant to the MPAP in accordance with the college's requirements. Registered by Manitoba faculty 7.5 The Manitoba faculty may register an applicant who has been referred to the MPAP in accordance with the faculty's policies. Conditions may be imposed on registration 7.6 The registrar may impose conditions that the registrar considers necessary or advisable on a participant's certificate of registration or certificate of practice or both at any time during application to, or registration or participation in, the MPAP. Obligation to comply 7.7 A participant must comply with the terms and conditions of the MPAP and any conditions imposed by the registrar. Designation after completing the practice assessment 7.8 After completing the practice assessment under the MPAP, a participant may receive one of the following designations: (a) "successful in the MPAP"; (b) "partially successful in the MPAP"; (c) "unsuccessful in the MPAP". Conversion to full (practising) membership 7.9 If a participant receives the designation "successful in the MPAP", then section 3.75 applies. Remediation and reassessment 7.10 If a participant receives the designation of "partially successful in the MPAP", he or she may undergo remediation and reassessment, including participating in a specified course of studies by way of remedial training, in accordance with the college's requirements and the Manitoba faculty policies. Restricted professional practice 7.11(1) As an alternative to section 7.10, a participant who receives the designation of "partially successful in the MPAP" may request that conditions be imposed on his or her certificate of registration in the full (practising) class so as to include in his or her professional practice only those area or areas in which the participant was successfully assessed. 7.11(2) The registrar may grant the request if the participant's remaining area or areas within the scope of his or her professional practice are sufficiently broad so as to permit the participant to independently engage in the practice of medicine in a safe and effective manner, and subsection 3.76 then applies. Cancellation of registration 7.12 If a participant receives the designation "unsuccessful in the MPAP", then section 3.85 applies and the participant's registration is cancelled. Participant with designation "unsuccessful in the MPAP" may apply for certain classes of regulated associate membership 7.13(1) A participant whose registration is cancelled under section 3.85 may apply for registration only as a regulated associate member in one of the following classes: (a) educational (medical student); (b) educational (physician assistant); (c) educational (resident); (d) clinical assistant (full). 7.13(2) To avoid doubt, a participant whose registration is cancelled under section 3.85 is not permitted to apply for any class of regulated or regulated associate membership other than the ones listed in clauses (1)⁠(a) to (d). Part 3 applies 7.14 To avoid doubt, Part 3 (registration) also applies to an application for registration referred to in this Part. PART 8 PHYSICIAN ASSISTANTS AND CLINICAL ASSISTANTS Overview 8.1 A physician assistant or clinical assistant may practise only under a contract of supervision with a regulated member and a practice description approved by the registrar. This Part sets out those requirements. Definitions 8.2 The following definitions apply in this Part. "clinical assistant" means a member registered in the clinical assistant (full) class. (« assistant médical ») "physician assistant" means a member registered in one of the following classes: (a) physician assistant (full); (b) physician assistant (restricted purpose); (c) physician assistant (academic — s. 181 faculty). (« auxiliaire médical ») "professional practice" means, in relation to a physician assistant or clinical assistant who is also authorized to practise another health profession, only the practice of medicine by that assistant. (« exercice de la profession » ou « exercice professionnel ») Engaging in professional practice 8.3(1) A physician assistant or clinical assistant may engage in his or her professional practice only if he or she has entered into a contract of supervision approved by the registrar. 8.3(2) A physician assistant or clinical assistant may engage in his or her professional practice only in accordance with a contract of supervision, and a practice description, approved by the registrar. 8.3(3) A physician assistant or clinical assistant may be supervised by a regulated member who has signed the assistant's contract of supervision and meets the requirement in section 8.7. Practice description 8.4 A practice description must (a) be in writing; (b) describe the duties and the services that the physician assistant or clinical assistant will provide; and (c) be approved by the registrar. Expanding practice description 8.5 Before expanding the scope of his or her professional practice, the physician assistant or clinical assistant must first obtain the registrar's approval of a new practice description. Contract of supervision 8.6(1) A contract of supervision must (a) be in the approved form; (b) designate by name the regulated member who will supervise the applicant as the primary supervisor and indicate the primary supervisor's role and responsibilities; (c) designate by name one or more regulated members who will supervise the applicant as an alternate supervisor and indicate (i) the period during which, or the circumstances under which, the alternate will assume the duties and responsibilities of the primary supervisor, and (ii) any substantive alteration in the physician assistant's or clinical assistant's duties or responsibilities while supervised by the alternate supervisor; (d) include a term of the contract stating that each regulated member who signs the contract agrees to supervise the physician assistant or clinical assistant; (e) set out the terms and conditions for performing the duties described in the practice description; (f) be signed by (i) the applicant for registration as a physician assistant or clinical assistant, (ii) the primary supervisor, (iii) each designated alternate supervisor, and (iv) in the case of a physician assistant or clinical assistant practising in a departmental or program setting, each additional regulated member who agrees to supervise the applicant; and (g) be approved by the registrar. 8.6(2) With prior approval of the registrar, a contract of supervision for a clinical assistant need not meet the requirement in clause (1)⁠(c) if the contract states that the assistant may work only when the supervisor is also working. Who may supervise 8.7 A regulated member who meets the approved criteria may be a supervisor for a physician assistant or clinical assistant if the member has signed a contract of supervision approved by the registrar. Supervision in departmental or program practice setting 8.8 A physician assistant or clinical assistant may provide services within a department or program setting if each of the following requirements is met: (a) one regulated member who works in the setting (i) signs the contract of supervision designating the member as the primary supervisor, and (ii) agrees to be responsible for the physician assistant or clinical assistant even when the assistant is acting under the immediate supervision of any other regulated member in the setting who has signed the contract of supervision; (b) at least one of the regulated members who works in the setting signs the contract of supervision and agrees to act as an alternate supervisor;
Part document.segment-4
College of Physicians and Surgeons of Manitoba General Regulation — segment 4
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College of Physicians and Surgeons of Manitoba General Regulation — segment 4
AI-assisted research summary: This part requires supervisors, members, the council, and medical corporations to follow rules on supervision, public practitioner profiles, continuing competency, and permit renewal.
(c) every regulated member of the department or program who agrees to supervise the physician assistant or clinical assistant signs the contract of supervision. Primary supervisor's role 8.9 A primary supervisor is responsible for giving direction and providing regular reviews concerning the performance of the physician assistant or clinical assistant while he or she engages in professional practice. Supervisor's duties 8.10(1) For a physician assistant, a supervisor must (a) provide personal on-site supervision for at least the number of hours each month as specified in the contract of supervision; (b) subject to subsection (2), be available to supervise the physician assistant for at least the number of hours each week as specified in the contract of supervision; and (c) comply with any requirement set out in the practice description concerning the supervision of physician assistants. 8.10(2) The supervisor is not required to be physically present for the weekly supervision if the physician assistant is engaged in his or her professional practice in a location separate from the supervisor's regular practice location. 8.10(3) For a clinical assistant, a supervisor must (a) provide personal on-site supervision in accordance with the contract of supervision; and (b) comply with any requirement set out in the practice description concerning the supervision of clinical assistants. Limits on supervisor 8.11(1) A supervisor must not permit a physician assistant or clinical assistant to engage in professional practice beyond the scope of the supervisor's professional practice. 8.11(2) The supervisor must not permit or require a physician assistant or clinical assistant to engage in professional practice, including the performance of a reserved act, if the supervisor determines that the physician assistant or clinical assistant is not competent to do so. 8.11(3) The supervisor must not permit a physician assistant or clinical assistant to independently assume some or all of the supervisor's duties or responsibilities. Performance reports 8.12 A primary supervisor must submit to the registrar reports on the performance of the physician assistant or clinical assistant that meet any requirement specified by the registrar. Designated alternate supervisor 8.13(1) The role of a designated alternate supervisor is to assume some or all of the duties and responsibilities of the primary supervisor under the contract when he or she is absent or otherwise unable to act. 8.13(2) If an additional or substitute alternate supervisor in a department or program is proposed, (a) the designation of that supervisor must be confirmed in writing by the additional or substitute alternate supervisor and by the physician assistant or clinical assistant by either adding the additional designation to the contract of supervision or entering into a new contract of supervision; and (b) the amendment or the new contract approved by the registrar. 8.13(3) If the primary supervisor is absent or unable to act for any reason, he or she must take reasonable steps to ensure that the designated alternate supervisor supervises the physician assistant or clinical assistant. Number of supervisors and assistants 8.14(1) At any one time, a regulated member may not be the sole primary supervisor for more than three physician assistants and clinical assistants in total. 8.14(2) As an exception to subsection (1), the registrar may permit a member to be the supervisor for more than three physician assistants and clinical assistants. The permission must be granted before the contracts of supervision are entered into. Physician assistant or clinical assistant for more than one regulated member 8.15(1) A physician assistant or clinical assistant may enter into a contract of supervision with two or more regulated members who are not associated in a group practice or department or program setting if each of them requires the services of the assistant on a part-time basis. 8.15(2) Each regulated member under subsection (1) is a primary supervisor and must enter into a contract of supervision with the physician assistant or clinical assistant. Contract cancelled if no supervisor 8.16(1) A contract of supervision is automatically cancelled if (a) the supervisor is unable to fulfill his or her responsibilities under the contract; and (b) none of the designated alternate supervisors is able to fulfill his or her responsibilities under the contract. 8.16(2) A physician assistant or clinical assistant must not engage in his or her professional practice if the contract has been cancelled under subsection (1). 8.16(3) This section does not apply to a contract approved by the registrar pursuant to subsection 8.6(2). Identifying physician assistant or clinical assistant 8.17(1) A physician assistant must clearly identify himself or herself as such when engaging in professional practice. 8.17(2) A clinical assistant must clearly identify himself or herself as such when engaging in professional practice. Supervisor acting through health profession corporation 8.18 To avoid doubt, subsections 64(1) to (3) of the Act apply to a supervisor in respect of his or her duties and responsibilities under this Part even if the supervisor is practising through a health profession corporation. PART 9 PRACTITIONER PROFILES Overview 9.1 This Part sets out the information to be included in a practitioner profile. It also sets out the process for disputing the factual accuracy of that information. Definitions 9.2 The following definitions apply in this Part. "member" means a member of a class listed in section 9.3 and includes a member whose certificate of practice is suspended. (« membre ») "practitioner profile" and "profile" mean a record about a member that includes personal, professional and other information about the member compiled for the purpose of being made available to the public. (« profil » ou « profil professionnel ») Application 9.3 This Part applies to a member in any of the following membership classes: (a) full (practising); (b) provisional (academic — s. 181 faculty); (c) provisional (academic — visiting professor); (d) provisional (academic — post-certification trainee); (e) provisional (specialty practice-limited); (f) provisional (family practice-limited); (g) provisional (MPAP); (h) provisional (public health officer); (i) provisional (temporary-locum); (j) provisional (transitional); (k) educational (resident-limited); (l) physician assistant (full); (m) physician assistant (academic — s. 181 faculty); (n) clinical assistant (full). Council must make practitioner profiles available 9.4 The council must make available to the public a profile of each member who holds a certificate of practice. As an exception, if the council reasonably believes that a member is not currently practising, it need not make available a profile of that member. How profiles are to be made available 9.5(1) A practitioner profile must be made available to the public through the Internet or through telephone access, or by both of those means. On request, the council may, at its discretion, also make a written copy of a practitioner profile available. 9.5(2) The college may enter into an agreement with the government or any person, organization or entity, including a public or private sector organization or entity, for assistance in making practitioner profiles available. Profile content 9.6(1) Each profile must contain the following information about the member and his or her practice in Manitoba and elsewhere: (a) the member's current name as shown on the applicable register; (b) information on the register that is made available to the public under section 2.6; (c) subject to subsection (2), the member's sex; (d) the following contact information: (i) the telephone number of the location at which the member primarily conducts his or her practice or the member's pager number, (ii) subject to subsection (3), the current address at which the member primarily conducts his or her practice, (iii) if the member primarily conducts his or her practice at more than one location as part of a program or department of a health care facility or health care body (as those terms are defined in The Personal Health Information Act ), the current address of the director of the program or department or the head of the facility or body; (e) in the case of a regulated member, (i) the name of the medical school from which he or she graduated, and the year of graduation, and (ii) if applicable, the type of post-graduate clinical training completed by the member that is relevant to his or her professional practice, the name and location of the program and the year of completion; (f) in the case of a physician assistant, (i) the physician assistant training program from which he or she graduated, and the year of graduation, (ii) the NCCPA certification details if he or she is also a graduate of a physician assistant education program in the United States, and (iii) whether he or she holds the designation "PA-C"; (g) in the case of a clinical assistant, the education or training program from which he or she graduated or completed that made him or her eligible for registration as a clinical assistant, and the year of graduation or completion; (h) the date of the member's initial registration in Manitoba; (i) in the case of a regulated member, his or her current field or fields of practice and, if the registrar considers it necessary or advisable, the member's current professional practice; (j) in the case of a member registered in the provisional (specialty practice-limited), provisional (family practice-limited) or provisional (MPAP) class, the date on which the member completed any assessment process required for registration; (k) if applicable, a notation that the member is on the specialist register; (l) subject to subsections (4) to (6), the date and a description of any final disciplinary action taken against the member in the current calendar year and the 10 previous calendar years by the body named in the profile as regulating the profession that the member is or has been legally authorized to practise, whether in Manitoba or elsewhere, and whether the member has initiated an appeal respecting the disciplinary action; (m) subject to subsection (7), any current conditions imposed on the member's certificate of registration or certificate of practice, including conditions about geographical areas, practice settings and practice restrictions, but not including information respecting conditions imposed as part of a final disciplinary action that is included in the profile under clause (l); (n) the commencement date of any current interim suspension from the practice of medicine imposed on the member; (o) any current certification of the member by the CFPC, the Royal College or a body in a jurisdiction outside Canada that is responsible for certifying medical practitioners as specialists; (p) subject to subsection (8), the date of any judgment made against him or her in relation to a civil claim in Canada or elsewhere respecting the member's professional practice or professional activities in the current calendar year and the 10 previous calendar years, the name of the issuing court, and whether the member has initiated an appeal respecting the judgment; (q) subject to subsection (9), a description of any conviction for (i) a criminal offence or an offence under any narcotic or controlled substances legislation in any jurisdiction in Canada, and (ii) any offence under the laws of a jurisdiction outside Canada that is similar to one described in subclause (i), of which the member has been convicted in the current calendar year and the 10 previous calendar years, if the council determines that the conviction is relevant to the member's ability to engage in the practice of medicine competently and in a safe and effective manner; (r) if applicable, a notation that a direction to reinstate the member's registration or certificate of practice has been given under section 50 or 133 of the Act; (s) in the case of a physician assistant or clinical assistant, the name of his or her primary supervisor. 9.6(2) The council must not include a member's sex in his or her profile under clause (1)⁠(c) if the member requests, in writing, that this information not be included. 9.6(3) The address information to be included under subclause (1)⁠(d)⁠(ii) in the profile of a member who (a) primarily conducts his or her practice in his or her home; or (b) has no primary place of practice; is the last mailing address for the member in the college's records, or any other mailing address or information the council considers appropriate. 9.6(4) The council must not include in a member's profile information about (a) any final disciplinary action taken against him or her before October 31, 2005, if the body issuing it ordered that the member's name not be published for any reason; and (b) any final disciplinary action taken against him or her on or after October 31, 2005, if the body issuing it ordered that the member's name not be published to protect the privacy of a patient or a patient's family or the safety of any person. 9.6(5) If the council includes information in a member's profile about a final disciplinary action taken against him or her, it must not do so before the earliest of the following dates: (a) the date on which any right the member has to appeal the disciplinary action expires; (b) the date on which the member initiates an appeal respecting the disciplinary action; (c) the date on which the member waives his or her right to appeal the disciplinary action. As an exception, if before any of those dates has passed information about the final disciplinary action has been published by the council under section 129 of the Act, or has been made available to the public by another body that took the final disciplinary action, the published or publicly available information must be included in the practitioner profile. 9.6(6) If the final disciplinary action referred to in clause (l) is a censure accepted under the Act, the description must not include information that is not to be made public under subsection 104(3) of the Act. 9.6(7) To avoid doubt, a condition imposed on the member's certificate of registration or practice that continues to apply after the time period referred to in clause (1)⁠(l) must be included in the practitioner profile. 9.6(8) The council must not include any information about a judgment in a member's profile under clause (1)⁠(p) until any period available to the member to appeal the judgment has expired. 9.6(9) For the purpose of clause (1)⁠(q), the description must include the date of the conviction and the name of the court imposing the conviction, and whether the member has initiated an appeal respecting the conviction. Voluntary information 9.7 A member may provide any or all of the following information to the council for inclusion in his or her profile: (a) wheelchair accessibility to his or her office; (b) languages spoken (including American Sign Language) and the availability of interpretation; (c) his or her teaching responsibilities; (d) his or her area of special interest or restricted practice as permitted by subsection 6.7(1); (e) in the case of a physician assistant, (i) his or her membership in CAPA, (ii) if applicable, his or her Canadian Certified Physician Assistant or NCCPA designation, and (iii) the date on which the member completed the Physician Assistant Certification Council of Canada Physician Assistant entry to practice certification examination. Explanatory information 9.8 The council may include in practitioner profiles any explanatory information about practitioner profiles and the categories of information specified in subsection 9.6(1) that it considers appropriate. Complete and accurate information to be provided 9.9 A member must provide to the registrar complete and accurate information about the member relating to each category of information specified in subsection 9.6(1) at the time requested by the registrar and in a satisfactory form. Change in information 9.10(1) If, for any reason, information in a member's profile in a category specified in subsection 9.6(1) becomes inaccurate or incomplete, the member must, within 30 days, provide accurate and complete information to the registrar in a satisfactory form. 9.10(2) At any time, a member may provide the registrar with updates to the information under section 9.7 (voluntary information). 9.10(3) Within 30 days after receiving information under subsection (1) or (2), the council must revise the member's profile if it reasonably believes that the information provided is accurate. 9.10(4) If the council receives information about a member relating to information included in the member's practitioner profile from a source other than the member, and it reasonably believes that the information is accurate, the council may revise the member's profile to include that information. OPPORTUNITY TO DISPUTE INFORMATION Member may dispute information 9.11 Within 30 days after receiving a copy of his or her profile under subsection 137(5) of the Act, the member may dispute the factual accuracy of any information in it by submitting to the registrar (a) a written statement detailing the basis of the dispute; and (b) any other information that the member considers relevant to the dispute. The onus of proving that the information is factually inaccurate is on the member. Council may make profile available despite dispute 9.12 Despite section 9.11, receipt of a written statement disputing the factual accuracy of information does not affect the council's ability to make a practitioner profile available. However, until a final determination is made under section 9.13, the profile (a) must not include the disputed information; and (b) must include a statement in the relevant category that information in the category is under dispute and is not currently available. Determination of dispute 9.13 Upon receipt of a written statement of dispute under section 9.11, the registrar must review the statement and any other information provided by the member that is relevant to the dispute and (a) if the registrar determines that the member's position on the dispute is correct, revise the information in the profile; or (b) if the registrar determines that the member's position on the dispute is incorrect, include the information in the profile along with a statement that the member disputes the information. NON-COMPLIANCE BY MEMBER OR FALSE INFORMATION If member fails to provide information 9.14 If a member fails to provide information as required under section 9.9 or subsection 9.10(1), the council may note the failure on the member's profile. False, inaccurate or incomplete information must not be provided 9.15 A member must not wilfully provide false, inaccurate or incomplete information under section 9.6 or 9.9 or subsection 9.10(1) or (2). PART 10 CONTINUING COMPETENCY Overview 10.1 Subsection 87(1) of the Act requires the council to establish a continuing competency program to maintain the competency of members and to enhance the practice of medicine. Definitions 10.2 The following definitions apply in this Part. "certificate year" means the annual period for which a certificate of practice is in effect. (« année de certificat ») "continuing professional development program" means a program listed in Column 2 of the table in section 10.5. (« programme de perfectionnement professionnel continu ») "continuing professional development requirements" means the requirements referred to in section 10.5. (« obligations de perfectionnement professionnel continu ») "member" means a member of a class listed in section 10.3. (« membre ») "quality improvement program" means the program referred to in subsection 10.8(1). (« programme d'amélioration de la qualité ») "standards committee" means the standards committee established under subsection 182(1) of the Act. (« comité des normes ») Application 10.3 This Part applies to a member in any of the following membership classes: (a) full (practising); (b) provisional (academic — s. 181 faculty); (c) provisional (special practice-limited); (d) provisional (family practice-limited); (e) provisional (MPAP); (f) provisional (public health officer); (g) provisional (temporary — locum); (h) provisional (transitional); (i) physician assistant (full); (j) physician assistant (academic — s. 181 faculty); (k) clinical assistant (full). Requirement to participate 10.4(1) A member must participate in a continuing professional development program as required by this Part. 10.4(2) Despite subsection (1), a member is not required to participate in a continuing professional development program if he or she is enrolled in an approved university teaching program, or engaged in post-graduate clinical training, in (a) family medicine; or (b) a specialty field of practice. Continued professional development programs 10.5 A member of a class listed in Column 1 of the following table must enroll in and meet the requirements of a continuing professional development program listed in Column 2 offered by a provider listed in Column 3. Column 1 Class Column 2 Program Column 3 Provider Regulated Members Maintenance of Certification Program a similar continuing professional development program Royal College Maintenance of Proficiency Program a similar continuing professional development program CFPC Physician assistants (full) (academic — s. 181 faculty) continuing professional development requirements of CAPA or NCCPA Maintenance of Certification Program Maintenance of Proficiency Program a similar continuing professional development program CAPA NCCPA Royal College CFPC Clinical assistants (full) continuing professional development requirements of CAPA Maintenance of Certification Program Maintenance of Proficiency Program a similar continuing professional development program CAPA Royal College CFPC Minimum annual completion requirements 10.6(1) A member enrolled in a continuing professional development program that does not have a minimum annual completion requirement must complete a portion of the program's credit requirements in each certificate year, prorated based on the length of the program and the total number of program credits required to be completed. 10.6(2) The standards committee may grant a member an exemption from the requirement in subsection (1) if the member is experiencing or has experienced an extended absence from his or her professional practice due to a medical condition or a statutory or approved leave. Records 10.7(1) A member must maintain satisfactory records and supporting evidence that he or she has complied with the applicable continuing professional development requirements for the current certificate year and each of the immediately preceding five certificate years or for as much of that period as the member has practised in Manitoba. 10.7(2) On request, the member must submit copies of the records and supporting evidence required to be maintained under subsection (1) to the standards committee or the registrar. Requirement to participate in quality improvement program 10.8(1) The quality improvement program consists of an approved process to assess one or more of the following: (a) a member's professional knowledge and skills; (b) a member's communication skills; (c) a member's practice management skills; (d) a member's professional ethics. 10.8(2) The quality improvement program may be administered by a service provider designated by the registrar. 10.8(3) The quality improvement program may include one or more of the following: (a) a chart audit; (b) a survey; (c) a questionnaire; (d) a visit to the place or places at which the member carries on the practice of medicine; (e) an interview; (f) any other approved assessment process. 10.8(4) A member who is engaged in clinical practice in Manitoba must participate in the quality improvement program once every seven years beginning with the member's certificate year that starts on or after January 1, 2019. 10.8(5) For the purpose of the quality improvement program, the member must, within a reasonable time, (a) complete the program requirements; and (b) submit any resulting documents to the standards committee or a service provider designated by the registrar. 10.8(6) The member must cooperate with any requests from the standards committee to deal with the results from the member's participation in the quality improvement program. 10.8(7) The standards committee may grant a member an exemption from participating in the quality improvement program if (a) the member participates in another quality improvement program acceptable to the council; or (b) the member is in the first three years of professional practice. 10.8(8) The standards committee may grant an extension of the time period specified in subsection (4) if the member is experiencing or has experienced an extended absence from his or her professional practice during that period due to a medical condition or a statutory or approved leave. 10.8(9) This section does not apply to the following members: (a) a physician assistant (full); (b) a physician assistant (academic — s. 181 faculty); (c) a clinical assistant. Applying for exemption or extension 10.9(1) To apply for an exemption or extension under this Part, a member must, before the applicable time period expires, submit to the standards committee a written application that sets out the reasons for the request. 10.9(2) The standards committee may attach conditions to the exemption or extension. 10.9(3) The member must comply with the conditions of the exemption or extension. Standards committee may refer matter to registrar 10.10(1) If the standards committee is of the opinion that (a) a member is unwilling or unable to meet the continuing professional development requirements; (b) a member is unwilling or unable to participate in the quality improvement program; (c) the results of the quality improvement program in respect of a member indicate a serious risk to the public; the standards committee may refer the matter to the registrar. 10.10(2) If the registrar considers it to be necessary or advisable, he or she may refer the matter to the investigation committee. Certificate of conduct must include non-compliance statement 10.11 If a member does not meet the continuing professional development requirements or the requirement to participate in the quality improvement program, any certificate of conduct issued by the registrar in respect of that member must include a statement that the member is not in compliance with the pertinent requirement or requirements. PART 11 MEDICAL CORPORATIONS Overview 11.1 Part 5 of the Act deals with health profession corporations, including medical corporations. This Part adds to the requirements relating to permits, the record and the naming of medical corporations. Restricted to regulated members 11.2 Only a regulated member who holds a valid certificate of practice is permitted to establish a medical corporation. Medical corporation permit 11.3 Subsection 60(1) of the Act sets out the requirements for the issuance and renewal of a medical corporation permit. For the purpose of clause 60(1)⁠(i) of the Act, a corporation must file with the registrar (a) a copy of the articles of incorporation and any articles of amendment, continuance or amalgamation; (b) a current certificate of status issued under The Corporations Act ; and (c) a list of each regulated member through whom the corporation will carry on the practice of medicine. Permit renewal 11.4 For renewal of its permit, a medical corporation must provide to the registrar on or before the expiry of its current permit the following: (a) a copy of its most recent annual report filed under The Corporations Act ; (b) a list of each regulated member through whom the corporation carries on the practice of medicine if there have been changes to the members since the date the corporation last applied for a permit or its renewal; (c) a list of the change, if any, to the shareholders, directors or officers since the date the corporation last applied for a permit or its renewal; (d) information about any conviction of the corporation for a criminal offence since the date the corporation last applied for a permit or its renewal; (e) the articles of amendment, continuation or amalgamation that were filed since the date the corporation last applied for a permit or its renewal. Permit expiry 11.5 If a medical corporation does not apply and pay the fee for renewal of its permit within the time period specified in the by-laws, the permit expires at the end of the time period specified in the permit. Renewal after expiry 11.6 A medical corporation that does not apply for renewal of its permit within the time period specified in the by-laws must pay the renewal fee and the late fee specified in the by-laws within the specified time period in order to renew its permit. The permit may be renewed in accordance with the Act and this Part upon payment of those fees and is valid for the time period specified in the renewed permit. Name of corporations 11.7(1) The registrar must not approve the name of a medical corporation unless (a) the name of the corporation includes the words "medical corporation"; and (b) the name of the corporation includes only the surname or the surname in any combination of the given names or initials of one or more regulated members who are voting shareholders of the corporation. 11.7(2) If a medical corporation will be practising through more than one regulated member, the registrar may approve a name that does not contain the surname of any voting shareholders but only if satisfied that the proposed name (a) does not contain any reference that is offensive, not in good taste or contrary to the interests of the public or the honour and dignity of the profession or contravene the code of ethics; (b) does not refer to any person who is not a regulated member; (c) does not imply expertise inconsistent with the qualifications of the regulated members through whom the medical corporation will be practising; (d) is not false or misleading; or (e) does not so closely resemble the name of an existing approved medical corporation so as to be likely to create confusion. 11.7(3) A medical corporation that carries on the practice of medicine as a part of a general partnership of medical corporations or of medical corporations and regulated members under a name that is not comprised of the names of the partner corporations or members must display the full name of each partner corporation or member (a) at each location where the practice of medicine is carried on; and (b) on the medical corporation's letterhead and, if it has one, on its website. Additional contents of record 11.8 The record of medical corporations must contain the information set out in subsection 73(3) of the Act. For the purpose of clause 73(3)⁠(f) of the Act, the record must also contain the following information: (a) the time period during which the corporation's permit is valid; (b) information about any suspension or cancellation of the corporation's permit or alternative action taken under section 66 of the Act, including any conditions placed on the permit. For the purpose of clause 73(4)⁠(b) of the Act, the information must be made available to the public. Error on the register 11.9 The registrar may correct any error or remove any entry made in error on the record of medical corporations. Name removed from record 11.10 If a medical corporation's permit is cancelled or lapses or is not renewed, the registrar must remove the corporation's name from the record of medical corporations. PART 12 MISCELLANEOUS Complaints investigation committee 12.1 For the purpose of subsection 96(4) of the Act, the chair of the complaints investigation committee may perform the duties imposed and exercise the powers conferred on the committee under subsections 96(1) and (2) of the Act. Notice of suspension or conditions pending decision 12.2 For the purpose of subsection 110(2) of the Act, the following are specified: (a) if known to the college, a person who engages the member to practise medicine on a full-time or part-time basis, including (i) a person who engages the member as a contractor, (ii) a person who engages the member as a consultant, and (iii) a person who engages the member as a volunteer; (b) a hospital if the member is a member of the hospital's professional staff; (c) a hospital or regional health authority that has granted privileges to the member; (d) any minister who administers the payment of fees for the health care that the member provides; (e) an external regulatory body in another jurisdiction in Canada. Exempt accredited facilities 12.3(1) For the purpose of clause 183(1)⁠(c), the following are exempt from the application of section 183 of the Act: (a) a facility at which a member performs diagnostic services or causes them to be performed that is not included in the definition "laboratory" in section 119 of The Health Services Insurance Act ; (b) a facility operated by, or under the direction of, a regional health authority; (c) a facility operated by the Canadian Blood Services, CancerCare Manitoba, St. Amant Inc. or Mount Carmel Clinic; (d) a facility located within a member's office where the member takes or collects specimens for the purpose of diagnosing his or her patients, or causes such specimens to be taken or collected for that purpose; (e) subject to subsections (2) and (3), a non-hospital medical or surgical facility where conscious sedation is not performed or general anaesthesia is not administered. 12.3(2) Despite clause (1)⁠(e), a non-hospital medical or surgical facility must apply for accreditation if the committee designated by council directs (in accordance with the by-laws) that the specific procedures to be performed at the facility may be performed only at an accredited facility. 12.3(3) For the purpose of clause (1)⁠(e), "conscious sedation" means the use of one or more pharmacologic agents to bring about an altered or depressed state of awareness or perception of pain that is accompanied by varying degrees of depression of respiration and protective reflexes in which verbal contact with the patient can be maintained, including the use of any intravenous agent for this purpose, and the use of which is accompanied by the monitoring of vital signs, but does not include the use of local anaesthesia or oral premedication alone or in combination with local anaesthesia. Professional misconduct fines 12.4 Column 3 of the table of professional misconduct fines in Schedule 1 of the Act is specified for the purpose of clause 127(1)⁠(b) of the Act. PART 13 COMING INTO FORCE Coming into force 13.1 This regulation comes into force on the same day that section 179 of the Act comes into force. SCHEDULE (Subclause 3.8(b)⁠(iii)) Pre-1994 post-graduate clinical requirements for registration 1(1) For the purpose of subclause 3.8(b)⁠(iii), an applicant for registration must have successfully completed at least one of the following post-graduate training requirements: (a) a 12-month rotating internship in a university teaching program acceptable to the council that contains at least eight weeks each of general medicine and general surgery, and at least four weeks each of pediatrics, and obstetrics and gynecology; (b) one year of straight, mixed or family medicine internship after having satisfactorily completed an undergraduate clinical clerkship that (i) is in a medical school recognized by the CACMS or the LCME, (ii) involves supervised responsibility for the care of patients, (iii) is at least 40 weeks in duration, (A) excluding holiday time, (B) including those clerkships regularly scheduled for all students and those chosen as elective, and (C) excluding non-clinical periods, whether prescribed or elective, (iv) includes at least eight weeks in each of medicine and general surgery, and at least four weeks in each of pediatrics, obstetrics and gynecology and psychiatry, and (v) is in the second half of the total undergraduate medical curriculum. 1(2) A straight internship must be taken in a hospital with a training program approved by the Royal College or the CFPC.
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College of Physicians and Surgeons of Manitoba General Regulation
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