Medical Care Insurance Peer Review Regulations, S-29 Reg 18

1 MEDICAL CARE INSURANCE PEER REVIEW S-29 REG 18 The Medical Care Insurance Peer Review Regulations being Chapter S-29 Reg 18 (effective June 15, 1988) as amended by Saskatchewan Regulations 91/93. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 MEDICAL CARE INSURANCE S-29 REG 18 PEER REVIEW Table of Contents PART I PART III Title and Interpretation Joint Optometric Professional 1 Title Review Committee 2 Interpretation 15 Interpretation of Part 16 Membership PART II 17 Attendance at meetings Joint Medical Professional 18 Term of office Review Committee 3 Interpretation of Part 19 Decision 4 Membership 20 Application of certain sections 5 Temporary members PART IV 6 Term of office Joint Chiropractic Professional 7 Vacancy Review Committee 8 Quorum 21 Interpretation of Part 9 Majority 22 Membership 10 Meetings 23 Temporary members 11 Remuneration 24 Attendance at meetings 12 Report 25 Term of office 13 Attendance 26 Decision 14 Clerical and other support 27 Application of certain sections 3 MEDICAL CARE INSURANCE PEER REVIEW S-29 REG 18 CHAPTER S-29 REG 18 The Saskatchewan Medical Care Insurance Act PART I Title and Interpretation Title 1 These regulations may be cited as The Medical Care Insurance Peer Review Regulations. Interpretation 2 In these regulations: (a) “Act” means The Saskatchewan Medical Care Insurance Act; (b) “director” means an employee of the department who is designated by the minister as the director of professional review. 24 Jne 88 cS-29 Reg 18 s2. PART II Joint Medical Professional Review Committee Interpretation of Part 3 In this Part: (a) “board” means the board of directors of the Saskatchewan Medical Association; (b) “chairman” means the chairman of the committee; (c) “committee” means the joint medical professional review committee established pursuant to subsection 49(1) of the Act; (d) “council” means the council of The College of Physicians and Surgeons of the Province of Saskatchewan. 24 Jne 88 cS-29 Reg 18 s3. Membership 4(1) Subject to subsections (2) to (5) and section 5, the committee shall consist of six members of whom: (a) two members shall be appointed by the council; (b) two members shall be appointed by the board; and (c) two members shall be appointed by the minister, at least one of whom shall be an employee of the department. 4 MEDICAL CARE INSURANCE S-29 REG 18 PEER REVIEW (2) No person is eligible to be appointed as a member of the committee unless that person: (a) is resident in Saskatchewan or in Lloydminster, Alberta; (b) is a duly qualified medical practitioner; and (c) in the case of a member appointed pursuant to clause (1)(a) or (b), is currently practising medicine in Saskatchewan. (3) An appointment of a member pursuant to clause (1)(a) or (b) is effective on the day that written notice of the appointment by council or the board, as the case may be, is received by the director. (4) A member of the committee who ceases to meet the criteria for eligibility prescribed in subsection (2) immediately ceases to be a member and his position is deemed to be vacant. (5) The members of the committee shall choose one of their number as chairman and one as vice-chairman. 24 Jne 88 cS-29 Reg 18 s4. Temporary members 5(1) From time to time, the committee may, by a unanimous vote of all members of the committee who are present, appoint temporary members for the purpose of investigating a matter referred to the committee. (2) A member appointed pursuant to subsection (1) is entitled, with respect to the purpose for which he is appointed, to all the rights and privileges of a member appointed pursuant to subsection 4(1) other than the right to be chairman or vice- chairman. (3) Section 6 does not apply to a member appointed pursuant to subsection (1). 24 Jne 88 cS-29 Reg 18 s5. Term of office 6(1) Subject to subsections (2) and (3), the term of office of a member of the committee is to be determined at the time of appointment by the person or body that appoints him. (2) The term of office of a member of the committee shall not exceed three years from the effective date of the member’s appointment. (3) The term of office of each of the two members of the committee appointed by the council, the board or the minister shall be set so that the expiry of the term of one member is separated by at least 12 months from the expiry of the term of the other member. (4) Subject to subsection 6(4.1), a member of the committee holds office until his or her successor is appointed and is eligible for reappointment, but no member shall hold office for more than two consecutive terms. 5 MEDICAL CARE INSURANCE PEER REVIEW S-29 REG 18 (4.1) Where the board, the council and the minister unanimously agree that a member’s continued presence on the committee is vital to the ongoing work of the committee, that member may be appointed to a further term of up to 12 months beyond the expiry of the member’s second consecutive term. 24 Jne 88 cS-29 Reg 18 s6; 26 Nov 93 SR 91/93 s2. Vacancy 7(1) A vacancy in the membership of the committee does not impair the ability of the remaining members to fulfill their duties or exercise their powers. (2) Where a vacancy in the membership of the committee occurs, the person or body that appointed the person who ceased to be a member to create the vacancy shall appoint another person as soon as it is practicable to do so. 24 Jne 88 cS-29 Reg 18 s7. Quorum 8 A quorum consists of a majority of the members. 24 Jne 88 cS-29 Reg 18 s8. Majority 9(1) Except for the making of an order pursuant to subsection 49.2(5) or (7) of the Act, a decision of a majority of members present at a meeting constitutes a decision of the committee respecting any matter brought before that meeting. (2) In the case of the making of an order pursuant to subsection 49.2(5) or (7) of the Act, a decision of the majority of members of the committee present at the meeting constitutes a decision of the committee unless more than one of the members present dissents. (3) Subject to subsection (4), if there is a dissenting vote from two or more members on a matter mentioned in subsection (2), the matter shall be returned to the committee for further discussion and a new decision. (4) No matter shall be returned to the committee pursuant to subsection (3) more than once. 24 Jne 88 cS-29 Reg 18 s9. Meetings 10 The committee shall meet at the call of: (a) the chairman; (b) in the absence of the chairman, the vice-chairman; or (c) where there is no chairman or vice-chairman, the director. 24 Jne 88 cS-29 Reg 18 s10. 6 MEDICAL CARE INSURANCE S-29 REG 18 PEER REVIEW Remuneration 11(1) Each member of the committee is entitled to be paid any remuneration for the member’s services and allowances for expenses necessarily incurred in attending meetings and in otherwise attending to the affairs of the committee in the amounts that the minister shall determine. (2) In determining the amount of remuneration and allowances for the purposes of subsection (1), the minister shall consider, with respect to each member: (a) attendance at meetings; (b) travel time; (c) preparatory time; and (d) the preparation and presentation by the member of reports for the committee. (3) The chairman is entitled to remuneration in addition to the remuneration provided in subsection (1) in an amount that the minister shall determine. (4) The chairman may request the minister to pay a special remuneration to any member in recognition of extraordinary work by that member and, where the minister considers it appropriate, he may pay that special remuneration. 24 Jne 88 cS-29 Reg 18 s11. Report 12 Where the committee makes an order pursuant to section 49.2 or section 49.22 of the Act: (a) the chairman shall forward a written report of the order and the information on which it was based to the director; and (b) the director shall forward a copy of the report to: (i) the physician who is the subject of the order; (ii) the council; and (iii) the board; and may submit a report to the Department of Justice of the Government of Saskatchewan. 24 Jne 88 cS-29 Reg 18 s12. Attendance 13 The director or his designate and one other department employee, one employee of the council and one employee of the board may attend all meetings of the committee. 24 Jne 88 cS-29 Reg 18 s13. Clerical and other support 14(1) The minister may provide clerical and other support for the committee. 7 MEDICAL CARE INSURANCE PEER REVIEW S-29 REG 18 (2) Without restricting the generality of subsection (1), the minister may, at the committee’s request, provide the services of a person to assist the committee during the conduct of a hearing. 24 Jne 88 cS-29 Reg 18 s14. PART III Joint Optometric Professional Review Committee Interpretation of Part 15 In this Part, “committee” means the joint optometric professional review committee established pursuant to subsection 49(3) of the Act. 24 Jne 88 cS-29 Reg 18 s15. Membership 16(1) Subject to subsections (2) to (5), the committee shall consist of not more than five members of whom: (a) not more than three members may be appointed by the council of the Saskatchewan Association of Optometrists; and (b) not more than two members may be appointed by the minister, at least one of whom shall be an employee of the department. (2) No person is eligible to be appointed as a member of the committee unless that person is: (a) resident in Saskatchewan; and (b) in the case of a member appointed pursuant to clause (1)(a), registered and licensed pursuant to The Optometry Act, 1985 and whose licence has not been suspended or cancelled. (3) An appointment of a member pursuant to clause (1)(a) is effective on the day that the written notice of the council of the Saskatchewan Association of Optometrists is received by the director. (4) A member of the committee who ceases to meet the criteria for eligibility prescribed in subsection (2) immediately ceases to be a member and his position is deemed to be vacant. (5) The members of the committee shall choose one of their number as chairman. 24 Jne 88 cS-29 Reg 18 s16. Attendance at meetings 17 The director or his designate may attend all meetings of the committee. 24 Jne 88 cS-29 Reg 18 s17. Term of office 18(1) Subject to subsections (2) to (5), the term of office of a member of the committee is to be determined at the time of appointment by the person or body that appoints him. 8 MEDICAL CARE INSURANCE S-29 REG 18 PEER REVIEW (2) The term of office of a member of the committee shall not exceed three years from the effective date of the member’s appointment. (3) Where the council of the Saskatchewan Association of Optometrists appoints more than one member of the committee, the council shall set the term of office of two of the members that it appoints so that the expiry of the term of one member is separated by at least 12 months from the expiry of the term of the second member. (4) Where the minister appoints two members of the committee, the minister shall set the term of office of each of the two members so that the expiry of the term of one member is separated by 12 months from the expiry of the term of the second member. (5) A member of the committee holds office until his successor is appointed and is eligible for reappointment, but no member shall hold office for more than two consecutive terms. 24 Jne 88 cS-29 Reg 18 s18. Decision 19 A decision of a majority of members of the committee present at a meeting constitutes a decision of the committee respecting any matter brought before that meeting. 24 Jne 88 cS-29 Reg 18 s19. Application of certain sections 20 Subsection 7(1) and sections 8, 10 to 12 and 14 apply mutatis mutandis to the committee. 24 Jne 88 cS-29 Reg 18 s20. PART IV Joint Chiropractic Professional Review Committee Interpretation of Part 21 In this Part, “committee” means the joint chiropractic professional review committee established pursuant to subsection 49(2) of the Act. 24 Jne 88 cS-29 Reg 18 s21. Membership 22(1) Subject to subsections (2) to (5) and section 23, the committee shall consist of not more than five members of whom: (a) not more than three members may be appointed by the board of The Chiropractors’ Association of Saskatchewan; and (b) not more than two members may be appointed by the minister, at least one of whom shall be an employee of the department. 9 MEDICAL CARE INSURANCE PEER REVIEW S-29 REG 18 (2) No person is eligible to be appointed as a member of the committee unless that person: (a) is resident in Saskatchewan; and (b) in the case of a member appointed pursuant to clause (1)(a), is registered as a chiropractor pursuant to The Chiropractic Act and that registration has not been suspended or cancelled. (3) An appointment of a member pursuant to clause (1)(a) is effective on the day that the written notice of the board of The Chiropractors’ Association of Saskatchewan is received by the director. (4) A member of the committee who ceases to meet the criteria for eligibility prescribed in subsection (2) immediately ceases to be a member and his position is deemed to be vacant. (5) The members of the committee shall choose one of the members appointed pursuant to clause (1)(a) as chairman. 24 Jne 88 cS-29 Reg 18 s22. Temporary members 23(1) From time to time, the committee may, by a unanimous vote of all members of the committee who are present, appoint temporary members for the purpose of investigating a matter referred to the committee. (2) A member appointed pursuant to subsection (1) is entitled, with respect to the purpose for which he is appointed, to all the rights and privileges of a member appointed pursuant to subsection 22(1) other than the right to be chairman. (3) Section 25 does not apply to a member appointed pursuant to subsection (1). 24 Jne 88 cS-29 Reg 18 s23. Attendance at meetings 24 The director or his designate may attend all meetings of the committee. 24 Jne 88 cS-29 Reg 18 s24. Term of office 25(1) Subject to subsections (2) to (5), the term of office of a member of the committee is to be determined at the time of appointment by the person or body that appoints him. (2) The term of office of a member of the committee shall not exceed three years from the effective date of the member’s appointment. (3) Where the board of The Chiropractors’ Association of Saskatchewan appoints more than one member of the committee, the board shall set the term of two of the members that it appoints so that the expiry of the term of one member is separated by at least 12 months from the expiry of the term of the second member. 10 MEDICAL CARE INSURANCE S-29 REG 18 PEER REVIEW (4) Where the minister appoints two members of the committee, the minister shall set the term of office of each of the two members so that the expiry of the term of one member is separated by at least 12 months from the expiry of the term of the second member. (5) A member of the committee holds office until his successor is appointed and is eligible for reappointment, but no member shall hold office for more than two consecutive terms. 24 Jne 88 cS-29 Reg 18 s25. Decision 26 A decision of a majority of members of the committee present at a meeting constitutes a decision of the committee respecting any matter brought before that meeting. 24 Jne 88 cS-29 Reg 18 s26. Application of certain sections 27 Subsection 7(1) and sections 8, 10 to 12 and 14 apply mutatis mutandis to the committee. 24 Jne 88 cS-29 Reg 18 s27. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©1996