Medical Profession Act, 1981, M-10.1

1 MEDICAL PROFESSION, 1981 c M-10.1 The Medical Profession Act, 1981 being Chapter M‑10.1 of the Statutes of Saskatchewan, 1980-81 (consult Tables of Saskatchewan Statutes for effective dates) as amended by the Statutes of Saskatchewan, 1982‑83, c 16; 1984‑85‑86, c 38; 1988‑89, c 13; 1989‑90, c 43 and c 54; 1991, c T‑1.1 and c 6; 1993, c 31; 1995, c 12; 2000, c 15; 2002, c R‑8.2 and c 21; 2003, c P‑14.1 and c 29; 2004, c L‑16.1 and c 60; 2008, c 32; 2010, c B‑12 and c 19; 2013, c 14; 2014, c E‑13.1; 2015, c 21; 2016, c 28; 2017, c P‑30.3; 2018, c 42; 2020, c 9; 2021, c 6; 2023, c 6 and c 36; and 2024, c 4. 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 c M-10.1 MEDICAL PROFESSION, 1981 Table of Contents PART I PART III Title and Interpretation Membership, Registration, Licences,etc. SHORT TITLE REGISTRATION OF PHYSICIANS 1 Short title 27 Registers INTERPRETATION 28 Registration, membership and licences 2 Interpretation 29 Repealed 30 Repealed PART II College of Physicians and Surgeons 30.1 Repealed COLLEGE 31 Repealed 3 College continued 31.1 Delegation to registrar 3.1 Duty and objects of college 32 Vesting of powers in case of emergencies 4 Members of college 33 Repealed COUNCIL 34 Repealed 5 Council 35 Repealed 5.1 Resignation 36 Removal of name improperly registered 5.2 Vacancy 37 Repealed 6 Bylaws of the council PART III.1 7 Meetings of council Professional Corporations 8 Remuneration to council, etc. 37.1 Professional corporation APPOINTMENT OF MEMBERS OF COUNCIL 37.2 Restrictions on practising in name of corporation 9 Public appointees 37.3 Repealed 37.4 Registration, permit ELECTION OF MEMBERS TO COUNCIL 37.5 Revocation of permit 10 Repealed 37.6 Discipline 11 Repealed 37.7 Repealed 12 Repealed 37.8 Application of Act 13 Repealed 37.9 Patient relations 14 Repealed 15 Repealed PART IV Fees 16 Repealed 38 to 40 Repealed 17 Repealed 41 Repealed 18 Repealed 42 Annual certificate 19 Repealed 20 Repealed PART IV.1 Registration of Podiatric Surgeons 21 Repealed and Physician Assistants PRESIDENT AND OFFICERS 42.1 Podiatric surgeon permits 22 Election of president, etc. 42.11 Physician assistant registration and licensing 23 Election of officers 42.2 Repealed 24 Registrar 42.3 Protection of title 24.1 Deputy Registrar 42.4 Practice not limited 25 Other officers and employees 26 Remuneration to officers and employees 3 MEDICAL PROFESSION, 1981 c M-10.1 PART V PART VI Discipline Appeals 42.5 Interpretation of Part 62 Right of appeal 42.6 Limitation period 63 Notice of appeal 43 Appointment of discipline committee 64 Transcript of evidence 43.1 Investigation of allegations 65 Record of proceedings 43.2 Examination to assess whether curtailment of 66 Appeal to Court of Appeal practice should be ordered 67 Repealed 44 Appointment of preliminary inquiry committee 68 Repealed 45 Competency committee 69 Application for stay pending appeal 46 Charges 69.1 Protection of public 47 Action by council or the executive committee PART VII 47.1 Investigative powers Rights, etc., re Medical Practitioners 47.2 Repealed 70 Repealed 47.3 Repealed 71 Rights of registered practitioners 47.4 Report of investigation 72 Repealed 47.5 Action by council in report 73 Qualifications for appointment to the public service 47.6 Council may require charge to be heard 74 Where medical certificate valid 47.7 Notice of disposition PART VIII 47.8 Non‑publication order Offences 48 Suspension pending outcome of investigation EVIDENCE 75 Publication of list of persons registered 49 Discipline hearings 76 Evidence of registration 50 Evidence at hearing before discipline hearing committee 77 Onus of proof 51 Testimony of witnesses OFFENCES 52 Decision of discipline hearing committee 78 When physician not entitled to rights 53 Assessors 79 Practising defined 54 Penalties 80 Penalty for unlawfully practising 54.01 Discipline in another jurisdiction 81 Limitation of prosecution 54.1 Enforcement of pay of costs and fines EXCEPTIONS 54.2 Criminal conduct 82 Non‑application to certain situations 55 Conviction of indictable offence 82.1 Act not to prevent members delegating 55.1 Interview of members to other health professionals 55.2 Statements, etc., not to be used in evidence, 83 Non‑application to powers granted under other Acts exception 84 Non‑application of other Acts 55.3 Production of books, records, etc. 85 Application of fines 56 Notice of hearing PART IX 57 Service of notice Miscellaneous 58 Failure to appear RESTORATION OF LICENCE 59 Investigating committee 86 Restoration of licence, permit 60 Protection of college, etc. PRACTICE ENHANCEMENT 61 Legal or other assistance COMMITTEE RECORDS 86.1 Non‑compellability re practice enhancement committee records 4 c M-10.1 MEDICAL PROFESSION, 1981 RETURNS, REPORTS, ETC. 94 Repealed 87 Returns 95 Repealed 88 Filing of bylaws 96 Repealed 89 Same 97 Repealed 90 Review by Assembly REPEAL 91 Record of revocation and notification 98 RSS 1978, c M‑10 repealed 91.1 Annual report 99 Coming into force 92 Repealed 93 Repealed 5 MEDICAL PROFESSION, 1981 c M-10.1 CHAPTER M-10.1 An Act respecting the Medical Profession PART I Title and Interpretation SHORT TITLE Short title 1 This Act may be cited as The Medical Profession Act, 1981. INTERPRETATION Interpretation 2 In this Act: (a) Repealed. 1989‑90, c 43, s 3. (a.1) “bylaws” means the valid and subsisting bylaws of the college; (b) “college” means the College of Physicians and Surgeons of the Province of Saskatchewan continued under section 3; (b.1) Repealed. 2013, c 14, s 3. (c) “council” means the council of the college continued under section 5; (d) “court” means the Court of King’s Bench; (e) Repealed. 2023, c 6, s 7‑2. (f) “discipline committee” means a discipline committee appointed under section 43; (f.1) “discipline hearing committee” means a committee as described in section 49; (g) Repealed. 2013, c 14, s 3. (h) Repealed. 2023, c 6, s 7‑2. (i) “member” means a member of the college as described in section 4; (j) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (j.01) “physician assistant” means a person registered pursuant to section 42.11; (j.1) “podiatric surgeon” means a person registered pursuant to section 42.1; (j.2) Repealed. 2013, c 14, s 3. 6 c M-10.1 MEDICAL PROFESSION, 1981 (k) “practice” means, as the case requires: (i) the practice of medicine, surgery or midwifery; (ii) the practice of a physician assistant; or (iii) the practice of podiatric surgery; (k.01) “practice of a physician assistant” means the portion of the practice consisting of the provision of the services that, pursuant to the bylaws, a physician assistant is authorized to perform; (k.1) “practice of podiatric surgery” means the portion of the practice consisting of the provision of the services that, pursuant to the bylaws, a podiatric surgeon is authorized to perform; (l) “preliminary inquiry committee” means a preliminary inquiry committee appointed under section 44; (l.1) “record” includes any information that is recorded or stored by means of any device, including a computer; (l.01) “professional corporation” means a corporation described in subsection 37.1(1); (m) “register” means a register established pursuant to the bylaws; (n) “registrar” means the person appointed by the council as registrar under section 24, and includes a person designated by the council or the executive committee pursuant to subsection 24.1(2) to carry out the duties and exercise the powers of the registrar; (o) Repealed. 2013, c 14, s 3. 1980‑81, c M‑10.1, s 2; 1982‑83, c 16, s 38; 1989‑90, c 43, s 3; 1993, c 31, s 3; 2000, c 15, s 3; 2002, c 21, s 3; 2004, c 60, s 3; 2013, c 14 s 3; 2018, c 42, s 65; 2023, c 6, s 7‑2 and c 36, s 3; 2024, c4, s 32. PART II College of Physicians and Surgeons COLLEGE College continued 3 The College of Physicians and Surgeons of the Province of Saskatchewan is continued as a body corporate with the power to acquire, hold and dispose of any property for its corporate purposes. 1980‑81, c M‑10.1, s 3. Duty and objects of college 3.1(1) It is the duty of the college at all times: (a) to serve and protect the public; and 7 MEDICAL PROFESSION, 1981 c M-10.1 (b) to exercise its powers and discharge its responsibilities in the public interest and not in the interests of the members. (2) The objects of the college are: (a) to regulate the practice of the profession and to govern the members in accordance with this Act and the bylaws; and (b) to assure the public of the knowledge, skill, proficiency and competency of members in the practice of the profession. (3) In furtherance of its duty and objects, the college may: (a) establish, maintain and enforce standards for registration and of continuing competency and standards of practice for members; (b) establish, maintain and enforce a code of ethics for members; (c) approve programs of study and education courses for the purposes of registration requirements; (d) establish and maintain a continuing competency program to promote high practice standards among members; and (e) carry out any other regulatory activity that the college determines is consistent with its duty and objects. 2023, c 6, s 7‑3. Members of college 4 All persons who are members pursuant to The Medical Profession Act on the day before the coming into force of this section and any other persons who become members pursuant to this Act and the bylaws are members of the college. 1980‑81, c M‑10.1, s 4; 2013, c 14 s 4. COUNCIL Council 5(1) The council shall govern, manage and regulate the affairs and business of the college. (2) The council consists of: (a) the number of persons elected or appointed in accordance with the bylaws; and (b) the persons appointed pursuant to section 9. (3) Members of the council are entitled to remuneration and reimbursement for expenses in the amount prescribed in the bylaws. (4) Each person elected or appointed as a member of the council pursuant to clause (2)(a) holds office: (a) for the term prescribed in the bylaws; and (b) until the person’s successor is elected or appointed, as the case may be. 2023, c 6, s 7‑4. 8 c M-10.1 MEDICAL PROFESSION, 1981 Resignation 5.1(1) A member of the council elected or appointed pursuant to clause 5(2)(a) may resign by giving a written notice of resignation to the council. (2) A member of the council appointed pursuant to section 9 may resign by giving a written notice of resignation to the minister and the council. (3) The resignation of a member of the council is effective on the date stated on the written notice or, if no date is stated: (a) in the case of the resignation of a member of the council elected or appointed pursuant to clause 5(2)(a), on the date the written notice is received by the council; or (b) in the case of the resignation of a member of the council appointed pursuant to section 9, on the date the written notice is received by the minister. 2023, c 6, s 7‑4. Vacancy 5.2(1) When the office of a person elected or appointed as a member of the council pursuant to clause 5(2)(a) becomes vacant, the remaining members of the council may appoint another person to fill the vacancy until the earlier of: (a) the expiry of the term of office of the person who ceased to be a member of the council; and (b) the day on which a person is elected or appointed to fill the vacancy in accordance with this Act and the bylaws. (2) A vacancy in the membership of the council does not impair the power of the remaining members of the council to act. (3) If the licence of a member serving as a member of the council is suspended, the member’s powers and duties as a member of the council are suspended for the same period. (4) If a member serving as a member of the council is expelled from the college, the member ceases to be a member of the council on the day the member is expelled. 2023, c 6, s 7‑4. Bylaws of the council 6(1) Subject to this Act, the council may make bylaws: (a) prescribing a seal for the college; (b) providing for the execution of documents of the college; (c) respecting banking and financial dealings of the college; (d) fixing the financial year of the college and providing for the audit of the accounts and transactions of the college; (e) Repealed. 2023, c 6, s 7‑5. 9 MEDICAL PROFESSION, 1981 c M-10.1 (e.1) governing the procedures for the election or appointment of members of the council, other than persons appointed pursuant to section 9; (e.2) prescribing the number and terms of office of members of the council, other than persons appointed pursuant to section 9; (f) prescribing the procedure for the purpose of an inquiry held pursuant to section 20; (g) prescribing procedures for the electing of a president and vice‑president of the college, the filling of a vacancy in those offices and prescribing the duties of the president and vice‑president; (h) respecting the duties and authority of the registrar and any deputy registrars; (i) prescribing the duties of members of the council; (j) prescribing the organization, powers and procedures of the council and regulating the council in the performance of its duties; (k) respecting the holding and procedures of meetings of the council, executive committee and annual or special meetings of the members of the college; (l) establishing any committees that the council considers necessary and prescribing the manner of election or appointment of members to those committees and the duties of the committees; (m) prescribing remuneration and reimbursement for expenses for members of the council and committees; (n) respecting the management of the property of the college; (o) respecting procedures for the college to make, amend or revoke bylaws; (p) respecting the application of the funds of the college and the investment and reinvestment of any of its funds not immediately required for the purposes of the college and for the safekeeping of its securities; (q) prescribing forms for the purposes of this Act and providing for their use; (r) respecting membership of the college in a national organization with similar functions, the payment of an annual assessment for that membership and provision for representatives at meetings of the organization; (s) prescribing: (i) the amounts of registration, licence, permit and other fees payable to the college; (ii) the times of payment; and (iii) the penalties for late payment; (t) respecting all of the things that are considered necessary for the attainment of the objects of the college and the efficient conduct of its affairs; (u) respecting the management and conduct of the affairs and well‑being of the council and of the college for the purposes of safeguarding the public interest and carrying out the intent of this Act. 10 c M-10.1 MEDICAL PROFESSION, 1981 (2) Subject to this Act, the council may make bylaws: (a) prescribing the requirements, qualifications and procedures for: (i) the registration of members, professional corporations, physician assistants and podiatric surgeons; (ii) the issuing of licences, permits and memberships; (b) prescribing classes of licences and permits and governing the requirements and qualifications for the issuing of licences and permits or any class or classes of licences or permits and prescribing the terms and conditions of them; (b.1) delegating to another professional regulatory body approved by the minister the power to determine the matters set out in subsection 42.1(6) and imposing any terms that the council considers appropriate with respect to the delegation of that power; (b.2) specifying the services that a podiatric surgeon is authorized to provide; (b.3) specifying the services that a physician assistant is authorized to provide; (c) establishing categories of membership in the college and prescribing the rights and privileges of each category; (d) regulating, controlling and prohibiting the use of terms, titles or designations by persons registered under this Act, groups or associations of persons registered under this Act with respect to their practices; (d.1) regulating, controlling and prohibiting the use of names by which professional corporations and partnerships involving professional corporations may be known; (e) establishing categories of specialists in the various branches of medicine, prescribing the qualifications required, prescribing for the issuance of licences relating to specialist status, providing for the suspension or revocation of any such designation and for the regulation and prohibition of the use of terms, titles or designations by members indicating specialization in any branch of medicine; (f) establishing and respecting the registers that the council considers necessary; (g) providing for the maintenance and inspection of registers and for the issuance of certificates of standing by the registrar; (h) providing for the standards to be met by persons wishing to write examinations set by the Medical Council of Canada; (i) governing standards of practice for persons registered under this Act; (j) authorizing persons other than members to perform specified acts in the practice of medicine and determining whether those acts are to be under the direction or supervision of a member; 11 MEDICAL PROFESSION, 1981 c M-10.1 (j.1) authorizing duly qualified medical practitioners to delegate the performance of acts in the practice of medicine specified in the bylaws to other health professionals specified in the bylaws in accordance with section 82.1; (k) defining activities that constitute a conflict of interest and prohibiting practice where there is a conflict of interest; (k.1) governing advertising by professional corporations; (l) determining the relationship between the college and the Medical Council of Canada, and incorporating in the regulations any provision of the Canada Medical Act that is not contrary to this Act; (m) defining professional misconduct for the purposes of this Act; (n) prescribing the records that shall be kept by persons registered under this Act with respect to their practice; (n.1) prescribing the records that are to be kept by professional corporations and governing the access to those records by the council or any committee of the council; (o) prescribing the educational and training requirements to be undertaken by a person registered under this Act who has been out of active practice; (p) establishing a program for the assessment of the competency of persons registered under this Act; (p.1) setting standards for continuing education and the participation of members in continuing education; (p.2) setting requirements for maintenance of membership. (q) prescribing procedures for the operation of the council, a preliminary inquiry committee, competency committee, discipline committee, competency hearing committee, executive committee, special committee for the purpose of interviewing a physician, physician assistant or podiatric surgeon or any other committee established pursuant to this Act and prescribing the power to compel persons registered under this Act to appear before, and provide information to, the council or any of those committees; (q.1) for the purpose of clause 54(1)(i), defining ‘costs of and incidental to the investigation and hearing’ and determining the method of calculating those costs or any part of those costs; (r) respecting the reporting and publication of decisions and reports of the council and committees; (s) providing for the expiration of licences and permits and governing the requirements and qualifications for the issuing and renewal of licences and permits; 12 c M-10.1 MEDICAL PROFESSION, 1981 (t) providing for the compilation of statistical information on the supply, distribution and professional activities of persons registered under this Act and requiring persons registered under this Act to provide the information necessary to compile the statistics; (u) respecting any matter ancillary to the provisions of this Act with respect to the issuing, suspending and revoking of licences or permits; (u.1) requiring members to provide the college with their home addresses and any other information that may be specified in the bylaws, including information about themselves, the places where they practice and the services they provide at the places where they practice; (u.2) establishing restrictions on the disclosure and use of information obtained pursuant to clause (u.1); (v) generally, for the better carrying out of this Act. (3) Subject to this Act, the council shall make bylaws respecting and requiring professional liability protection for members and permit holders. 1989‑90, c 43, s 4; 1991, c 6, s 3; 2000, c 15, s 5; 2002, c 21, s 4; 2004, c 60, s 5; 2013, c 14, s 5; 2023, c 6, s 7‑5 and c 36, s 4. Meetings of council 7(1) The registrar shall, at least seven days prior to the date set for a meeting of the council, give notice of that meeting to the members of the council. (2) Where, in the opinion of the president or vice‑president of the council, an emergency exists, the length of notice provided for in subsection (1) may be reduced to two days. (3) The council may make bylaws with respect to the holding of and the form of notice of its meetings and, in the absence of any bylaws, the president may call and hold the meetings in any manner that he considers advisable. (4) A majority of the members of the council constitutes a quorum. (5) The decision of a majority of the members of the council present at a meeting of the council is the decision of the council. 1980‑81, c M‑10.1, s 7; 1989‑90, c 54, s 4. Remuneration to council, etc. 8 The council shall pay to each member of the council and each member of a committee of the council any remuneration and travelling expenses for attending meetings of the council and otherwise attending to the affairs of the college as it may, by resolution, determine. 1980‑81, c M‑10.1, s 8. 13 MEDICAL PROFESSION, 1981 c M-10.1 APPOINTMENT OF MEMBERS OF COUNCIL Public appointees 9(1) The Lieutenant Governor in Council may appoint five persons who reside in Saskatchewan as members of the council. (2) Where the Lieutenant Governor in Council appoints a person as a member of the council, the term of office of that person is not to exceed three years. (3) Subject to subsection (4), a member of the council appointed pursuant to this section holds office until that person’s successor is appointed and is eligible for reappointment, but is not eligible to hold office for more than two consecutive terms. (4) A member of the council appointed pursuant to this section ceases to hold office if the person ceases to be a resident of Saskatchewan. (5) A member of the council appointed pursuant to this section may exercise rights and serve as a member of committees to the same extent as other members of the council. (6) The minister shall remunerate and reimburse for expenses the members of the council appointed pursuant to this section at the rate determined by the Lieutenant Governor in Council. 2000, c 15, s 6. ELECTION OF MEMBERS TO COUNCIL 10 Repealed. 2023, c 6, s 7‑6. 11 Repealed. 2004, c 60, s 6. 12 Repealed. 2023, c 6, s 7‑7. 13 Repealed. 2023, c 6, s 7‑7. 14 Repealed. 2023, c 6, s 7‑7. 15 Repealed. 2023, c 6, s 7‑7. 16 Repealed. 2023, c 6, s 7‑7. 17 Repealed. 2004, c 60, s 7. 18 Repealed. 2023, c 6, s 7‑8. 19 Repealed. 2023, c 6, s 7‑8. 20 Repealed. 2023, c 6, s 7‑8. 21 Repealed. 2023, c 6, s 7‑8. 14 c M-10.1 MEDICAL PROFESSION, 1981 PRESIDENT AND OFFICERS Election of president, etc. 22(1) At the first meeting of the council in the year after the regular annual election of members to the council, the council shall elect a president and a vice‑president of the council from among its members, and those persons hold office for a term of one year or until their successors are elected. (2) The president of the council shall preside at all meetings of the council and has any other duties and powers that the council may prescribe in the bylaws. (3) The vice‑president of the council shall act in the place and stead of the president of the council during the absence of the president. (4) Where the president and vice‑president of the council are absent from a meeting of the council, another member of the council chosen by the members of the council present shall preside at the meeting. 1980‑81, c M‑10.1, s 22; 1989‑90, c 54, s 4. Election of officers 23(1) Each year, at its first meeting after the regular annual election of members to the council, the council shall elect from among the members of the council a minimum of three members to constitute the executive committee. (2) The president and vice‑president of the council are ex officio members of the executive committee. (3) A majority of the members of the executive committee constitutes a quorum. (4) Each member of the executive committee holds office for one year or until his successor is elected. (5) Meetings of the executive committee may be called at any time between meetings of the council by the registrar or the president of the council. (5.1) The executive committee: (a) may exercise all of the powers; and (b) shall perform all the duties; of the council with respect to any matters that the council may delegate to it or that in the opinion of the executive committee require immediate attention. (5.2) The council, by bylaw, may authorize the executive committee: (a) to exercise any of the powers; and (b) to perform any of the duties; of the council between meetings of the council. (6) The executive committee shall report any action it takes pursuant to subsection (5.1) to the next ensuing meeting of the council, and its actions are valid until so reported at which time the council may deal with the matter as it considers advisable. 15 MEDICAL PROFESSION, 1981 c M-10.1 (7) The executive committee has no power to alter, repeal or suspend any bylaw of the council. 1980‑81, c M‑10.1, s 23; 1989‑90, c 43, s 5; 1989‑90, c 54, s 4. Registrar 24(1) The council shall appoint a member to be registrar, and he shall: (a) be the secretary for the council and for the executive committee; and (b) perform any duties and possess any powers that are assigned to him by this Act or by the council in the bylaws. (2) The registrar shall: (a) keep all registers in accordance with this Act and the bylaws; (b) make the necessary alterations in the addresses or qualifications of persons registered under this Act; and (c) perform any other duties that may be assigned to him by the council and this Act. (3) Repealed. 2004, c 60, s 8. 1980‑81, c M‑10.1, s 24; 1989‑90, c 54, s 4; 2002, c 21, s 5; 2004, c 60, s 8; 2013, c 14 s 7. Deputy registrar 24.1(1) The council may appoint one or more members to be deputy registrars. (2) The council or the executive committee may designate a deputy registrar or other member to carry out the duties and exercise the powers of the registrar if: (a) the office of registrar is vacant; or (b) the registrar is absent or unable to act. 2004, c 60, s 9. Other officers and employees 25 The council may appoint any officers and engage any persons and employees that it considers necessary for the purposes of this Act. 2004, c 60, s 10. Remuneration to officers and employees 26 The council shall pay to the registrar, to any deputy registrar and to the other officers and employees of the council any salaries and remuneration for travelling and other expenses that it may determine. 1980‑81, c M‑10.1, s 26; 2004, c 60, s 11. 16 c M-10.1 MEDICAL PROFESSION, 1981 PART III Membership, Registration, Licences, etc. Registers 27(1) In accordance with this Act and the bylaws, the council shall keep one or more registers in which the name, address and category of membership of every member are to be recorded. (2) Each register is to be: (a) kept at the head office of the college; and (b) open for inspection by all persons, without fee, during normal office hours of the college. (2.1) Each register may be made available in any other manner acceptable to the registrar, including an electronic format. (3) The following documents are admissible in evidence as proof, in the absence of evidence to the contrary, of their contents without proof of the registrar’s appointment or signature: (a) a certificate purporting to be signed by the registrar and stating that: (i) a named person was or was not, on a specified day or during a specified period, a member according to the appropriate register; or (ii) the licence of a named person was or was not, on a specified day or during a specified period, suspended according to the appropriate register; (b) an extract from a register that is certified by the registrar. 2013, c 14, s 9; 2020, c 9, s 21. Registration, membership and licences 28 In accordance with this Act and the bylaws, the council may register as a member, and issue a licence to, a person who produces evidence satisfactory to the council that the person meets the requirements for registration for the appropriate category of membership and licence as set out in the bylaws. 2013, c 14, s 9. 29 Repealed. 2013, c 14, s 10. 30 Repealed. 2013, c 14, s 10. 30.1 Repealed. 2013, c 14, s 10. 31 Repealed. 2013, c 14, s 10. Delegation to registrar 31.1(1) The council may delegate to the registrar the power to do any of the following: (a) register persons as members of the college; (b) issue licences to members; (c) register professional corporations; (d) issue permits to physicians or professional corporations; (d.1) register and issue permits to podiatric surgeons; 17 MEDICAL PROFESSION, 1981 c M-10.1 (d.2) register and issue licences to physician assistants; (e) revoke a permit issued to a professional corporation. (2) Where a power is delegated pursuant to this section, the exercise of that power by the registrar is deemed to be an exercise of the power by the council. (3) The council may impose any terms and conditions that it considers appropriate on a delegation of its powers. (4) A person who is aggrieved by a decision of the registrar made pursuant to a delegated power may apply to the council to review that decision. (5) On a review pursuant to subsection (4), the council shall hear the review and may: (a) direct the registrar to exercise the power in a manner that the council considers appropriate; or (b) confirm the registrar’s decision. (6) On a review pursuant to subsection (4), the person aggrieved by the decision of the registrar has the right to appear in person before the council in support of the application. (7) The council shall cause the applicant to be informed in writing of its decision regarding the review. 2000, c 15, s 9; 2002, c 21, s 7; 2023, c 36, s 5. Vesting of powers in case of emergencies 32 The Lieutenant Governor in Council may order that the powers vested in the council pursuant to this Act and the bylaws to register persons as members and to issue licences to persons and respecting the issuing of permits and memberships be vested in the minister if the Lieutenant Governor in Council is of the opinion that: (a) members have withdrawn their services; (b) the safety of the residents of Saskatchewan is being threatened; and (c) the council is not adequately discharging its responsibilities pursuant to this Act. 2013, c 14, s 11. 33 Repealed. 2013, c 14, s 12. 34 Repealed. 2013, c 14, s 14. 35 Repealed. 2013, c 14, s 14. Removal of name improperly registered 36(1) The council may direct the registrar to strike the name of a person who is improperly registered from any register. (2) On receiving a direction pursuant to subsection (1), the registrar shall strike that name. 2013, c 14, s 15. 37 Repealed. 2002, c 21, s 10. 18 c M-10.1 MEDICAL PROFESSION, 1981 PART III.1 Professional Corporations Professional corporation 37.1(1) One or more members may incorporate a corporation pursuant to The Business Corporations Act, 2021 for the purpose of carrying on practice in the name of the corporation. (2) The words “Professional Corporation” or the abbreviation “Prof. Corp.” or “P.C.” must be part of the name of a professional corporation and the name must appropriately depict, in accordance with the bylaws, that the professional corporation is engaged in practice. (3) No owner of voting shares of a professional corporation shall pledge or enter into a voting trust agreement or proxy or any other type of agreement that vests in a person who is not a member the authority to exercise the voting rights attached to any or all of the owner’s shares. 2000, c 15, s 10; 2002, c 21, s 11; 2021, c 6, s 23‑26. Restrictions on practising in name of corporation 37.2(1) No person shall carry on, purport to carry on or advertise the carrying on of practice by, through or in the name of a professional corporation unless: (a) the professional corporation is registered and holds a valid permit pursuant to section 37.4; (b) subject to subsection (2), all of the issued voting shares of the professional corporation are legally and beneficially owned by one or more members; (c) subject to subsection (2), all of the issued non‑voting shares of the professional corporation are legally and beneficially owned by: (i) members; (ii) spouses, children or parents of members who own voting shares; (iii) a corporation incorporated pursuant to The Business Corporations Act, 2021, all of the shares of which are owned by individuals mentioned in subclause (i) or (ii); or (iv) a trust, all of the beneficiaries of which are individuals mentioned in subclause (i) or (ii); (d) all of the directors of the professional corporation are members; and (e) all persons who carry on practice by, through or in the name of the professional corporation are registered under this Act. (2) The voting and non‑voting shares of a professional corporation may be vested in: (a) an executor or administrator of the estate of a shareholder, for the limited purpose of permitting the executor or administrator to discharge his or her duties in relation to the administration of the estate; or 19 MEDICAL PROFESSION, 1981 c M-10.1 (b) a trustee in bankruptcy, for the limited purpose of permitting the trustee to discharge his or her duties as trustee in bankruptcy of the estate of a shareholder or the professional corporation. 2000, c 15, s 10; 2002, c 21, s 12; 2021, c 6, s 23‑26. 37.3 Repealed. 2013, c 14, s 16. Registration, permit 37.4(1) The council may register and issue a permit to a professional corporation that: (a) applies in the form prescribed by the council; (b) pays the fees prescribed for the purpose by the council; and (c) satisfies the council that: (i) the professional corporation: (A) is a corporation in good standing pursuant to The Business Corporations Act, 2021; (B) meets the requirements of this Part; and (C) meets the requirements of the bylaws; (ii) each person who carries on practice by, through or in the name of the professional corporation holds liability insurance that meets the requirements of the bylaws; and (iii) the articles of the professional corporation do not prevent it from carrying on all business and activities associated with practice. (2) A professional corporation shall not be registered pursuant to any other provision of this Act. (3) A permit issued pursuant to subsection (1) may contain any terms and conditions that the council considers appropriate. (4) Subject to section 37.5, a permit expires on December 31 of the year for which it is issued. (5) The council may renew a permit issued to a professional corporation that applies in the form prescribed by the council and pays the prescribed fees, if the council is satisfied that the professional corporation continues to meet the requirements set out in clause (1)(c). (6) Where an application for renewal of a permit is refused, the registrar shall send notice of that fact to the professional corporation and to the minister. 2000, c 15, s 10; 2002, c 21, s 13; 2021, c 6, s 23‑26. 20 c M-10.1 MEDICAL PROFESSION, 1981 Revocation of permit 37.5(1) The council may revoke a permit issued to a professional corporation where the professional corporation: (a) does not meet one or more of the requirements set out in clause 37.4(1)(c); (b) fails to comply with a term or condition set out in the permit; or (c) is convicted of an offence described in section 55. (2) The council shall revoke a permit issued to a professional corporation where only one member carries on practice in the name of the professional corporation, and: (a) the member dies or becomes incompetent; or (b) the member’s licence is suspended or revoked pursuant to this Act. (3) Where a permit is revoked, the registrar shall send notice of that fact to the professional corporation and to the minister. (4) If a permit issued to a professional corporation is revoked, the registrar shall strike the name of the professional corporation from the appropriate register. 2000, c 15, s 10; 2002, c 21, s 14; 2013, c 14, s 17. Discipline 37.6(1) If the subject of a complaint, investigation or inquiry is the conduct of a person registered under this Act through whom a professional corporation was carrying on practice when the conduct occurred: (a) any power of inspection, investigation or inquiry that may be exercised with respect to the person or the person’s records may be exercised with respect to the professional corporation or the professional corporation’s records; and (b) the professional corporation and its shareholders are jointly and severally liable for all fines and costs that the person is ordered to pay. (2) The shareholders, directors, officers and employees of a professional corporation are compellable to give evidence in any proceeding pursuant to Part V. 2000, c 15, s 10; 2002, c 21, s 15. 37.7 Repealed. 2013, c 14, s 18. Application of Act 37.8(1) The relationship of a person registered under this Act to a professional corporation does not affect the application of this Act or the bylaws to the person. (2) The liability of a person registered under this Act to a patient who receives services from the person is not affected by the fact that services were provided to the patient by the person as an employee of, or on behalf of, a professional corporation. 2002, c 21, s 16. Patient relations 37.9(1) Nothing in this Part affects any law applicable to the confidential, ethical or fiduciary relationships between a person registered under this Act and a patient who receives services from the person. 21 MEDICAL PROFESSION, 1981 c M-10.1 (2) The relationship between a professional corporation and a patient who receives services from the professional corporation is subject to all applicable laws relating to the confidential, ethical and fiduciary relationships between the person registered under this Act who provides the services in the name of the professional corporation and the patient. (3) All rights and obligations pertaining to communications made to, or information received by, a person registered under this Act apply to the shareholders, directors, officers and employees of a professional corporation. 2002, c 21, s 16. PART IV Fees 38 Repealed. 1989‑90, c 43, s 13. 39 Repealed. 1989‑90, c 43, s 13. 40 Repealed. 1995, c 12, s 5. 41 Repealed. 2013, c 14, s 19. Annual certificate 42 The registrar shall issue annually to each member a certificate under the seal of the college indicating his status as a member. 1980‑81, c M‑10.1, s 42. PART IV.1 Registration of Podiatric Surgeons and Physician Assistants Podiatric surgeon permits 42.1(1) The council may register and issue a podiatric surgeon permit to a person who: (a) produces evidence that he or she has successfully completed a podiatric surgeon education program recognized by the council; (b) produces evidence that he or she has successfully completed any postgraduate training and examinations required by the bylaws; (c) meets all requirements of the bylaws respecting registration as a podiatric surgeon; and (d) pays the fees prescribed for the purpose by the council. (2) The council may register and issue a provisional podiatric surgeon permit to a person who does not meet a requirement set out in clause (1)(a) or (b) but who: (a) otherwise meets the requirements of the bylaws respecting registration as a podiatric surgeon; and (b) pays the fees prescribed for the purpose by the council. (3) The council may set out any restrictions that it considers appropriate in a permit issued pursuant to subsection (1) or (2). 22 c M-10.1 MEDICAL PROFESSION, 1981 (4) A permit issued pursuant to subsection (1) or (2) authorizes the person named in the permit to practise podiatric surgery in accordance with the bylaws and any restrictions set out in the permit. (5) A person who is registered only pursuant to this section: (a) is not a member of the college; and (b) is restricted to the practice of podiatric surgery. (6) The council may, by bylaw, delegate to another professional regulatory body approved by the minister the power to determine any or all of the following matters: (a) whether a person meets the criteria for registration as a podiatric surgeon; (b) whether a person should be issued a permit to practise podiatric surgery; (c) whether any restrictions should be placed on a person’s permit to practise podiatric surgery and the nature of those restrictions. (7) Where a power is delegated pursuant to subsection (6), the exercise of the power by the other professional regulatory body is deemed to be an exercise of the power by the council. (8) The council may enter into agreements with other professional regulatory bodies for the purposes of this section. Physician assistant registration and licensing 42.11(1) The council may register and issue a licence to practise as a physician assistant to a person who: (a) produces evidence that the person has successfully completed a physician assistant education program recognized by the council; (b) produces evidence that the person has successfully completed any postgraduate training and examinations required by the bylaws; (c) meets all requirements of the bylaws respecting registration as a physician assistant; and (d) pays the fees prescribed for the purpose by the council. (2) The council may set out any restrictions that it considers appropriate in a licence issued pursuant to subsection (1). (3) A licence issued pursuant to subsection (1) authorizes the person named in the licence to practise as a physician assistant in accordance with the bylaws and any restrictions set out in the licence. (4) A person who is registered only pursuant to this section: (a) is not a member of the college; and (b) is restricted to the practice of a physician assistant 2002, c 21, s 17; 2023, c 36, s 7. 42.2 Repealed. 2013, c 14, s 20. 23 MEDICAL PROFESSION, 1981 c M-10.1 Protection of title 42.3(1) Subject to subsection (2), no person other than a person registered pursuant to section 42.1 shall use the title “podiatric surgeon” or “podiatrist” or any word, title or designation, abbreviated or otherwise, to imply that the person is registered pursuant to section 42.1. (2) A podiatrist who is registered pursuant to The Podiatry Act may use the title “podiatrist”; (3) No person other than a person registered pursuant to section 42.11 shall use the title ‘physician assistant’ or any word, title or designation, abbreviated or otherwise, to imply that the person is registered pursuant to section 42.11. 2002, c 21, s 17; 2003, c P‑14.1, s 54; 2023, c 36. s 8. Practice not limited 42.4 Nothing in this Part limits the scope of practice of a person registered pursuant to any provision of this Act other than section 42.1. 2002, c 21, s 17. PART V Discipline Interpretation of Part 42.5 In this Part, “person registered under this Act” includes a person who formerly was registered under this Act. 2002, c 21, s 18. Limitation period 42.6 No proceedings pursuant to this Part shall be commenced against a person formerly registered under this Act: (a) with respect to an allegation received by the council pursuant to section 43.1 with respect to the person, unless the allegation is received by the council within two years after the day on which the person ceased to be registered under this Act; or (b) with respect to any conduct of the person that is or may be unbecoming, improper, unprofessional or discreditable or that may display a lack of skill and knowledge to practise, unless the council becomes aware of that conduct within two years after the day on which the person ceased to be registered under this Act. 2002, c 21, s 18. 24 c M-10.1 MEDICAL PROFESSION, 1981 Appointment of discipline committee 43(1) The council shall appoint a discipline committee consisting of any members or persons that the council considers advisable, and the council may make bylaws respecting the composition and operation of the discipline committee and respecting any other matters necessary for the purposes of the discipline committee. (2) The discipline committee may, subject to this Act and the bylaws, regulate its own business and manner of proceeding. 1980‑81, c M‑10.1, s 43; 1989‑90, c 54, s 4. Investigation of allegations 43.1(1) Where the council receives an allegation in writing that a person registered under this Act: (a) lacks the skill and knowledge to practise; or (b) is guilty of unbecoming, improper, unprofessional or discreditable conduct; the college shall investigate the allegation. (2) The college shall inform a person making an allegation mentioned in subsection (1) of the disposition made by the college of the allegation. 1989‑90, c 43, s 15; 2002, c 21, s 19. Examination to assess whether curtailment of practice should be ordered 43.2(1) If the registrar or the executive committee has reasonable grounds to believe that a person registered under this Act may be suffering a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person’s ability to practise in the profession and causes the continued practice in the profession by the person to constitute a danger to the public, the registrar or executive committee may: (a) direct the person registered under this Act to submit to a physical or mental examination, or both, by a person or at a facility specified by the registrar or executive committee; (b) request the person or facility conducting the examination to report, with written reasons and within a time specified by the registrar or executive committee, to: (i) the executive committee; and (ii) the person registered under this Act; and (c) for the period necessary to allow the registrar or executive committee to act pursuant to clauses (a) and (b) and to receive, consider and act pursuant to this section on the report: (i) impose limitations or conditions on the person’s licence; or (ii) suspend the person’s licence. 25 MEDICAL PROFESSION, 1981 c M-10.1 (2) If the registrar or executive committee imposes limitations, conditions or a suspension pursuant to clause (1)(c), the registrar or executive committee must give the person registered under this Act an opportunity to be heard within 15 days after the imposition of the limitations, conditions or suspension. (3) If the executive committee receives a report pursuant to clause (1)(b) concluding that: (a) the continued practice of the person registered under this Act constitutes a danger to the public; and (b) remedial measures are necessary and, if these remedial measures are taken, the public will be adequately protected; the executive committee may: (c) impose limitations or conditions on the person’s licence;

or (d) suspend the person’s licence; and the limitations, conditions or suspension apply until the person registered under this Act satisfies the executive committee that it should act pursuant to clause (5)(a). (4) The executive committee must not act pursuant to subsection (3) unless it has first given the person registered under this Act an opportunity to respond to the proposed limitations, conditions or suspension. (5) If action has been taken pursuant to subsection (3) concerning a person registered under this Act, the executive committee may do all or any of the following: (a) cancel or amend a limitation or condition or cancel the suspension to allow the person registered under this Act to resume practice if the executive committee is satisfied, on the person’s application, that the person can resume practice without constituting a danger to the public; (b) delay a decision to appoint a competency committee pursuant to section 45 or a preliminary inquiry committee pursuant to section 47; (c) decide not to take further action in response to the written allegation received pursuant to section 43.1 if the executive committee is satisfied that: (i) the condition mentioned in subsection (1) of the person registered under this Act caused or substantially contributed to the person’s conduct described in the allegation; and (ii) the actions taken pursuant to subsection (3) have provided appropriate public protection. (6) If the executive committee acts pursuant to subsection (5), the executive committee must deliver written notice of its decision, with written reasons, to the complainant within 30 days after making its decision. (7) A person registered under this Act who is the subject of a decision of the registrar or the executive committee pursuant to subsection (1) or (3) may appeal the decision to the court, and sections 62 to 66 apply, with any necessary modification, to the appeal. 26 c M-10.1 MEDICAL PROFESSION, 1981 (8) Failure by a person registered under this Act to submit to an examination directed pursuant to subsection (1) or to comply with a limitation, condition or suspension imposed on the person pursuant to subsection (3) is unbecoming, improper, unprofessional or discreditable conduct within the meaning of this Act. 2023, c 6, s 7‑9. Appointment of preliminary inquiry committee 44(1) The council or the executive committee may appoint preliminary inquiry committees each consisting of: (a) a physician; or (b) two or more persons, at least one of whom is a physician. (2) No member of the discipline committee shall be a member of a preliminary inquiry committee. (3) Subject to subsections (1) and (2), the council may make bylaws respecting the size, composition and operation of preliminary inquiry committees. (4) Subject to this Act and the bylaws, a preliminary inquiry committee may regulate its own business and manner of proceeding. 2023, c 6, s 7‑10. Competency committee 45(1) Subject to subsection (1.1), where the council or executive committee has reasonable grounds to believe that a person registered under this Act may not have adequate skill and knowledge to practise, the council or the executive committee may appoint one or more members, or persons licensed to practise medicine in a jurisdiction other than Saskatchewan, to constitute a competency committee for the purpose of investigating whether that person does have adequate skill and knowledge to practise. (1.1) Where subsection (1) applies to a person registered pursuant to section 42.1 or 42.11, the council or the executive committee may appoint one or more persons that the council or executive committee considers appropriate to constitute a competency committee. (2) A competency committee may require the person under investigation to undergo, in any manner that it considers advisable: (a) a medical examination to determine the state of his or her health; (b) an examination of his or her professional competence; or (c) a demonstration of technical skills. (3) Where a person, on reasonable notice, fails to appear before a competency committee, the council may suspend that person from practice for any period that it considers appropriate and, on suspending the person, may refer the matter to the discipline committee. 27 MEDICAL PROFESSION, 1981 c M-10.1 (4) If the council, the executive committee or the competency committee is of the opinion that, based on the nature of the case, a person who is under investigation should be suspended or restricted pending the outcome of a hearing held pursuant to subsection (6), it may: (a) temporarily suspend the person from practice for a maximum period of 90 days; or (b) for a maximum period of 90 days: (i) prohibit the person from performing any medical procedure or any medical treatment or surgery of any kind; or (ii) otherwise restrict the person’s scope of practice. (5) On completion of its investigation, a competency committee shall promptly submit a written report of that investigation to the council. (6) After consideration of a report mentioned in subsection (5) the council or the executive committee may direct a competency hearing committee to conduct a hearing into the matter or may refer the matter to the discipline committee. (7) The council or executive committee, on a direction that a competency hearing committee conduct a hearing, shall appoint from among the members of the council a competency hearing committee consisting of not less than three members of the council. (8) The competency hearing committee shall determine whether the person who is the subject of the hearing has adequate skill and knowledge to practise as authorized pursuant to this Act. (9) The competency hearing committee shall submit to the council a written report of its decision, signed by the concurring members of the competency hearing committee in the decision, and the competency hearing committee may make any recommendations that it considers advisable. (10) If the competency hearing committee determines that a person registered under this Act does not have adequate skill and knowledge to practise as authorized pursuant to this Act, the competency hearing committee may impose one of the following restrictions on the person pending the council’s decision pursuant to subsection (12): (a) temporarily suspend the person from practice; or (b) either: (i) prohibit the person from performing any medical procedure or any medical treatment or surgery of any kind; or (ii) otherwise restrict the person’s scope of practice. (11) The members of the competency hearing committee may vote at council as members of the council when the council acts on the decision of the competency hearing committee. 28 c M-10.1 MEDICAL PROFESSION, 1981 (12) Where the competency hearing committee decides that the person who was under investigation does not have adequate skill and knowledge to practise, the council may do one or more of the following: (a) order that: (i) the name of the person be struck from the appropriate register; and (ii) the licence or permit of the person be revoked and that any conditions that the council considers proper be attached to the restoration of the name of the person to the appropriate register; (b) suspend the person’s privileges as a duly qualified medical practitioner, physician assistant or podiatric surgeon, as the case may be, under this Act and impose any conditions that the council considers proper to be met by the person before those privileges may be restored; (c) for any period that the council may determine: (i) prohibit the person from performing any medical procedure or any medical treatment or surgery of any kind; or (ii) otherwise restrict the person’s scope of practice; (d) require the person to provide any services or procedures only under the supervision of a duly qualified medical practitioner, physician assistant or podiatric surgeon, as the case may be, who is approved by the council; (e) require the person to undertake any upgrading, retraining, education or treatment that the council may specify, within any period that the council may specify, and suspend the person’s privileges as a duly qualified medical practitioner, physician assistant or podiatric surgeon, as the case may be, if the person fails to obtain the upgrading, retraining, education or treatment; (f) provide for any further assessment of the skills and knowledge of the person at any future time as the council may determine; (g) direct that the costs of and incidental to the investigation and hearing, including fees payable to solicitors, council and witnesses, or any part of those costs, shall be paid by the person. (13) Where the council directs that a person is to pay any costs, those costs are a debt due to the college insofar as they were borne in the first instance by the college and the council may require payment of those costs as a condition of maintaining or restoring the licence or permit of the person. (14) The competency hearing committee shall give the person who is under investigation notice of the hearing to be held pursuant to this section in the manner set out in clause 57(3)(a) or (b) and shall serve on the person a copy of the report of the competency committee and that person has a right to be heard at that hearing. (15) A person who is the subject of a hearing under this section may appeal from the decision on the hearing, and sections 62 to 66 apply, with any necessary modification, to the appeal. 1989‑90, c 43, s 17; 2002, c 21, s 20; 2013, c 14, s 21; 2023, c 36, s 9. 29 MEDICAL PROFESSION, 1981 c M-10.1 Charges 46 Without restricting the generality of “unbecoming, improper, unprofessional or discreditable conduct”, a person whose name is entered on a register is guilty of unbecoming, improper, unprofessional or discreditable conduct, if he or she: (a) wilfully betrays a professional secret; (b) abandons a patient in danger without cause and without giving him an opportunity to engage the services of another person registered under this Act; (c) knowingly gives a false certificate respecting birth, death, notice of disease or otherwise or respecting any matter relating to life insurance, health insurance or any other insurance; (d) divides with another member, who is not a partner, any fees or moneys accruing to him as a medical practitioner without the patient’s knowledge and consent; (e) is addicted to the excessive use of intoxicating liquors or the excessive or habitual use of opiates, narcotics or habit‑forming drugs; (f) impersonates another person registered under this Act; (g) employs in connection with his professional practice an assistant who is not registered under this Act or any other Act entitling him to provide services to the sick or injured or permits any such unregistered person: (i) to attend or treat patients or to perform operations on patients with respect to matters requiring professional discretion or skill; or (ii) by his presence or advice, assistance or co‑operation, whether acting as an assistant or otherwise, to attend or treat any person for any ailment or to perform any operation on a patient with respect to any matter requiring professional discretion or skill; or who holds out any such unregistered person as a person qualified to practise in Saskatchewan; (h) fails, after being served with a notice pursuant to this Act, to appear before the council, the discipline hearing committee, a preliminary inquiry committee, a competency committee, a competency hearing committee or a special committee appointed by the council for the purpose of interviewing him; (i) performs for a patient a professional service that is not justifiable on any reasonable grounds; (j) provides any professional service that, in the opinion of the discipline hearing committee, is in volume or, in relation to other professional services provided by him, not justifiable on any reasonable grounds; (k) charges a fee or causes a fee to be charged for a service that he has not rendered; 30 c M-10.1 MEDICAL PROFESSION, 1981 (l) makes or permits false or misleading statements to be made in an account for payment for services rendered by him when he knew, or when under the circumstances it was reasonable to conclude that he knew, that the statements were false or misleading; (m) violates any of the terms and conditions imposed by the council under this Act in connection with his practice; (n) prescribes drugs for other than medical or therapeutic purposes; or (o) does or fails to do any act or thing where the discipline hearing committee considers that action or failure to be unbecoming, improper, unprofessional or discreditable; (p) does or fails to do any act or thing where the council has, by bylaw, defined that act or failure to be unbecoming, improper, unprofessional or discreditable. 1980‑81, c M‑10.1, s 46; 1989‑90, c 43, s 18; 1993, c 31, s 7; 2002, c 21, s 21; 2013, c 14, s 22. Action by council or the executive committee 47(1) If the council or the executive committee has reasonable grounds to believe that a person registered under this Act may be guilty of unbecoming, improper, unprofessional or discreditable conduct, the council or the executive committee may appoint a preliminary inquiry committee for the purpose of investigating whether the person may be guilty of unbecoming, improper, unprofessional or discreditable conduct. (2) After investigating a written allegation received pursuant to section 43.1, or after receiving a report from a preliminary inquiry committee pursuant to section 47.4, with respect to a person registered under this Act, the council or the executive committee may do one or more of the following: (a) lay before the discipline committee a charge against the investigated person; (b) refer the complaint to mediation, if the council or the executive committee decides that the complaint is of concern only to the complainant and the investigated person, both of whom agree to mediation; (c) require the investigated person to appear before the council or the executive committee to be cautioned; (d) require the investigated person to complete a specified continuing education or remediation program; (e) accept the voluntary surrender of the investigated person’s registration or licence; (f) accept an undertaking from the investigated person that provides for one or more of the following: (i) assessment of the investigated person’s capacity or fitness to practise in the profession; (ii) counselling or treatment of the investigated person; (iii) monitoring or supervision of the investigated person’s practice; 31 MEDICAL PROFESSION, 1981 c M-10.1 (iv) completion by the investigated person of a specified course of studies by way of remedial training; (v) placing conditions on the investigated person’s right to practise in the profession; (g) take any other action that the council or the executive committee considers appropriate that is not inconsistent with or contrary to this Act or the bylaws. 2023, c 6, s 7‑11. Investigative powers 47.1(1) A preliminary inquiry committee appointed pursuant to subsection 47(1) may take any steps that it considers proper and may summon any person who is under investigation and any other person whose information may be relevant to the investigation. (2) For the purposes of an investigation, a preliminary inquiry committee may, at any reasonable time: (a) require any person to answer any relevant questions and direct the person to answer the questions under oath or affirmation; (b) require any person to give to the committee any book, record, document or thing relevant to the investigation that is in the person’s possession or under the person’s control; (c) enter and inspect any premises or place where the investigated person practises or has practised in the profession; (d) inspect, observe or audit the investigated person’s practice; and (e) examine any equipment, materials or any other thing used by the investigated person. (3) For the purposes of an investigation, a preliminary inquiry committee may: (a) require the investigated person to provide access to any computer system used in connection with the person’s practice in order to produce a record in readable form; (b) photograph or create images of the premises or place; or (c) use any copying equipment at the premises or place to make copies of any record related to the investigated person’s practice. (4) A preliminary inquiry committee may apply, without notice or on any notice that the court may direct, to a judge of the court for an order directing any person: (a) to attend before the committee to answer any relevant questions that the committee may have relating to the investigation; and (b) to produce to the committee any book, record, document or thing relevant to the investigation that is in the person’s possession or under the person’s control. 32 c M-10.1 MEDICAL PROFESSION, 1981 (5) On application and payment of the appropriate fee, the local registrar of the court at any judicial centre shall issue writs of subpoena ad testificandum or subpoena duces tecum to: (a) a member of a preliminary inquiry committee; or (b) counsel acting for a preliminary inquiry committee. (6) If a writ issued pursuant to subsection (5) is disobeyed, the proceedings and penalties are those applicable in civil cases in the court. (7) If any book, record, document or thing is produced to a preliminary inquiry committee, the committee may authorize any person to copy or make extracts from the book, record, document or thing. (8) No person shall obstruct the preliminary inquiry committee or a member of the committee making an investigation pursuant to this Act or withhold from the committee or the member or conceal, alter or destroy any book, record, document or thing relevant to the matter being investigated. (9) A judge of the Provincial Court of Saskatchewan, on an application without notice by a preliminary inquiry committee, may issue an order authorizing a person making the investigation, together with any peace officer called to assist the person making the investigation, to enter and search, by force if necessary, any building, dwelling, receptacle, premises or place specified in the order for any book, record, document or thing and to examine them, if the judge is satisfied that: (a) the preliminary inquiry committee is conducting an investigation pursuant to this Act; and (b) there are reasonable grounds for believing that there is in any building, dwelling, receptacle, premises or place any book, record, document or thing relating to the person whose affairs are being investigated and to the matter of the investigation. (10) A judge of the Provincial Court of Saskatchewan, on an application without notice by the council or the executive committee, may issue an order authorizing a person named in the order, together with any peace officer called to assist that person, to enter and search, by force if necessary, any building, dwelling, receptacle, premises or place specified in the order for any book, record, document or thing and to examine them, if the judge is satisfied that there are reasonable grounds for believing that there is in any building, dwelling, receptacle, premises or place any book, record, document or thing relating to the person registered under this Act who is being investigated that will afford evidence: (a) of a contravention of section 80; or (b) that the person is guilty of unbecoming, improper, unprofessional or discreditable conduct. (11) An application for an order pursuant to subsection (9) or (10) to enter a dwelling shall specifically indicate that the application relates to a dwelling. (12) An entry and search under an order made pursuant to subsection (9) or (10) may be conducted only between 8 a.m. and 8 p.m. unless the order specifies otherwise. 33 MEDICAL PROFESSION, 1981 c M-10.1 (13) A person authorized by an order made pursuant to subsection (9) or (10) to conduct an entry and search may remove any book, record, document or thing examined by the person. (14) If it is practicable to copy a book, record, document or thing removed pursuant to subsection (13), the council or committee shall return the book, record, document or thing within a reasonable time. (15) A copy or extract of a book, record, document or thing certified to be a true copy by a member of a preliminary inquiry committee or other person who made the copy or extract pursuant to this section is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original item and its contents. (16) A preliminary inquiry committee may delegate any aspect of its investigation pursuant to this section to an investigator. (17) An investigator who acts pursuant to the authority of a delegation has the authority and power of the preliminary inquiry committee, and subsections (1) to (15) apply, with any necessary modification, to that investigator. 2023, c 6, s 7‑11. 47.2 Repealed. 2023, c 6, s 7‑12. 47.3 Repealed. 2023, c 6, s 7‑12. Report of investigation 47.4 The preliminary inquiry committee or the member of it making an investigation pursuant to section 47.1, on completion of the investigation, shall submit a written report of the investigation to the council or the executive committee. 1989‑90, c 43, s 19; 1993, c 31, s 8; 2023, c 6, s 7‑13. Action by council in report 47.5 After the council or the executive committee has considered a report submitted pursuant to section 47.4, the council or the executive committee may: (a) appoint a competency committee pursuant to section 45 to proceed pursuant to that section with respect to; or (b) lay before the discipline committee a charge against; the person to whom the report relates. 1989‑90, c 43, s 19; 1993, c 31, s 9. Council may require charge to be heard 47.6 Notwithstanding section 47.5, the council or the executive committee may direct the discipline committee to hear a charge of unbecoming, improper, unprofessional or discreditable conduct without an investigation by the preliminary inquiry committee or a member of that committee. 1989‑90, c 43, s 19; 1993, c 31, s 10. 34 c M-10.1 MEDICAL PROFESSION, 1981 Notice of disposition 47.7 Where an allegation pursuant to section 43.1 has been directed to be investigated pursuant to section 45 or 47.1, the college shall advise the person making the allegation of any action taken with respect to the allegation pursuant to the section under which the investigation took place. 1989‑90, c 43, s 19; 2023, c 6, s 7‑14. Non-publication order 47.8(1) Where a discipline hearing committee or a competency hearing committee is to be held, the registrar may apply to the court without notice or on notice as directed by the court for an order directing that the identity of any person and any information that could disclose the identity of that person or persons shall not be published in any document or broadcast in any way. (2) No order pursuant to subsection (1) is to be made with respect to the identity of the person who is the subject of the hearing. 1993, c 31, s 11; 2002, c 21, s 24. Suspension pending outcome of investigation 48(1) If the executive committee or the discipline committee believes, on the basis of a complaint or the nature of the case, that, pending the outcome of an investigation or a hearing, a member or a person authorized to practise in Saskatchewan should be suspended or the member’s or person’s ability to practise in the profession should be limited or restricted, the executive committee or the discipline committee may: (a) suspend the member or person; or (b) impose limitations or conditions on the member’s or person’s ability to practise. (2) The executive committee shall not suspend a member or person pursuant to subsection (1) until: (a) the executive committee has given notice or caused notice to be given, verbally or in writing, to the member or person; and (b) the member or person has been given the opportunity to make representations to the executive committee in any manner that the executive committee may determine. (3) The registrar, after consultation with the executive committee or the president of the council, may suspend, for a period not exceeding 7 days, a member or a person authorized to practise in Saskatchewan against whom allegations have been made, or a charge has been laid, without conducting a hearing or giving notice or causing notice to be given to the member or person if the registrar is of the opinion that an emergency exists. (4) A member or person aggrieved by a decision of the executive committee or the discipline committee pursuant to subsection (1) may appeal the decision to the court, and sections 62 to 66 apply, with any necessary modification, to the appeal. 2023, c 6, s 7‑15. 35 MEDICAL PROFESSION, 1981 c M-10.1 Discipline hearings 49(1) Where a person who is the subject of a charge of unbecoming, improper, unprofessional or discreditable conduct admits that he or she is guilty of the charge, the council may: (a) conduct a hearing to determine the facts relevant to the imposition of penalties authorized by section 54; or (b) refer the matter to a discipline hearing committee constituted in accordance with this section that shall determine the facts relating to the charge and report the committee’s findings in writing to the council. (2) The council may proceed pursuant to section 54 with respect to the person who admitted guilt to the charge in the same manner as if it had received a report pursuant to section 52 after: (a) completing a hearing pursuant to clause (1)(a); or (b) receiving a report pursuant to clause (1)(b). (3) The person who is the subject of a hearing may be present at the hearing and may be represented by counsel at the person’s own expense. (4) The council may make bylaws respecting the composition and the operation of the discipline hearing committee and respecting any other matters necessary for the purposes of the discipline hearing committee. (5) Where a charge is brought before the discipline committee pursuant to section 47.5 or 47.6, the chairperson or acting chairperson of the discipline committee shall appoint a discipline hearing committee from the members of the discipline committee to determine whether the person charged is guilty of unbecoming, improper, unprofessional or discreditable conduct. (6) A discipline hearing committee is to consist of at least three and not more than five members of the discipline committee. (7) Three members of the discipline hearing committee shall constitute a quorum. (8) The discipline hearing committee may, subject to this Act and the bylaws, regulate its own business and manner of proceedings. (9) The discipline hearing committee shall fix the time and place for any hearing and investigation and may adjourn the hearing from time to time as it considers expedient. (10) Sections 52 and 53 apply, with any necessary modification, to any hearing held by the discipline hearing committee pursuant to subsection (1). 1993, c 31, s 13. Evidence at hearing before discipline hearing committee 50(1) A hospital record placed in evidence at a hearing or investigation by the discipline hearing committee is admissible in evidence as prima facie proof of the facts it contains. 36 c M-10.1 MEDICAL PROFESSION, 1981 (2) Any letter, statement, prescription, certificate, record or other document purporting to be signed by or in the handwriting of a person registered under this Act and any account for professional services that is on an account form bearing his name is admissible in evidence as prima facie proof of its contents without proof of his signature. (3) For the purpose of procuring the attendance and evidence of witnesses before the discipline hearing committee and the production of books, papers and other documents, the local registrar of the court in any judicial centre shall, at the request of counsel acting for the discipline hearing committee or at the request of the person whose conduct is under investigation or his counsel, and on payment of the fees prescribed by The King’s Bench Rules, issue a writ of subpoena ad testificandum or a writ of subpoena duces tecum. (4) Notwithstanding any other Act or the regulations or orders under any other Act, the records of any hospital may be brought before the discipline committee without special order under writ of subpoena duces tecum issued under subsection (3) and served on the chief executive officer of the hospital or the person having the care and control of the records of the hospital. (5) Except as otherwise provided in this Act, the rules of evidence for a hearing by the discipline hearing committee and the proceedings and penalties in the case of disobedience to any of the writs mentioned in subsection (3) are the same as in civil cases in the court. (5.1) During the course of a hearing, the discipline hearing committee may amend any minor defect or error in the charge before the discipline hearing committee if the amendment is necessary to determine the merits of the allegations in the charge. (5.2) If, during the course of a hearing, the evidence shows that the person whose conduct is the subject of the hearing may be guilty of a charge different from or in addition to any charge against the person, the discipline hearing committee shall notify the person and adjourn the hearing for any length of time that the discipline hearing committee considers sufficient to give the person an opportunity to prepare a defence to the amended charge or to a new charge. (5.3) Subject to subsection (5.2), the discipline hearing committee may find a person registered under this Act guilty of unbecoming, improper, unprofessional or discreditable conduct on any charge that may be revealed by the facts and substitute that charge for, or amend or add to, the charge that it was appointed to hear. (6) There is no right to an examination for discovery with respect to any proceeding of the discipline hearing committee. 1980‑81, c M‑10.1, s 50; 1982‑83, c 16, s 38; 1989‑90, c 43, s 22; 1993, c 31, s 14; 2002, c 21, s 25; 2024, c4, s 32. Testimony of witnesses 51 In any proceeding before the discipline hearing committee, the testimony of witnesses shall be taken under oath or affirmation, which the chairperson or acting chairperson of the committee is hereby authorized to administer, and there is full right to cross examine all witnesses called and to adduce evidence in defence and reply. 1980‑81, c M‑10.1, s 51; 1993, c 31, s 15; 2015, c 21, s 64. 37 MEDICAL PROFESSION, 1981 c M-10.1 Decision of discipline hearing committee 52(1) The decision of the majority of the members of the discipline hearing committee present at a hearing is the decision of the discipline hearing committee. (2) The discipline hearing committee shall submit a written report of its decision to the council signed by the concurring members of the discipline hearing committee in the decision, and the discipline hearing committee may make any recommendations that it considers advisable. (3) The discipline hearing committee may suspend the person under investigation from the privileges granted by his registration until the next regular meeting of the council. 1980‑81, c M‑10.1, s 52; 1993, c 31, s 16. Assessors 53(1) For the purpose of advising the discipline hearing committee on questions of law arising in proceedings before it, the council may, for all or a portion of those proceedings, appoint any persons entitled to practise as members of The Law Society of Saskatchewan and who have at least 10 years standing as barristers or solicitors to be assessors to the discipline hearing committee. (2) The council may make rules respecting the functions of assessors appointed under this section. (3) An assessor may be appointed either generally or for any particular proceeding or class of proceedings and holds office in accordance with the terms of the instrument under which he is appointed. (4) The council may pay any person appointed to act as an assessor, as part of the expenses of the council, any remuneration that it may determine. 1980‑81, c M‑10.1, s 53; 1993, c 31, s 17; 1995, c 12, s 8. Penalties 54(1) Upon receipt of a report pursuant to section 52, in the case of a person found by the discipline hearing committee to be guilty of unbecoming, improper, unprofessional or discreditable conduct, the council may: (a) order that: (i) the name of the person be struck from the appropriate register; and (ii) the licence or permit of the person be revoked and that any conditions that the council considers proper be attached to the restoration of the name of the person to the appropriate register; (b) suspend the person’s privileges as a duly qualified medical practitioner, physician assistant or podiatric surgeon, as the case may be, under this Act and impose any conditions that the council considers proper to be met by the person before those privileges may be restored; 38 c M-10.1 MEDICAL PROFESSION, 1981 (c) for any period that the council may determine: (i) prohibit the person from performing any medical procedure or any medical treatment or surgery of any kind; or (ii) otherwise restrict the person’s scope of practice; (d) require the person to provide any services or procedures only under the supervision of a duly qualified medical practitioner, physician assistant or podiatric surgeon, as the case may be, who is approved by the council; (e) reprimand the person; (f) impose a fine on the person not exceeding $15,000; (g) require the person to undertake any upgrading, retraining, education or treatment that the council may specify, within any period that the council may specify, and suspend the person’s privileges as a duly qualified medical practitioner, physician assistant or podiatric surgeon, as the case may be, if the person fails to obtain the upgrading, retraining, education or treatment; (h) provide for any further assessment of the person’s skills and knowledge at any future time that the council may determine; (i) direct the person to pay the costs of and incidental to the investigation and hearing, including the costs of solicitors, members of the preliminary inquiry committee, members of the discipline hearing committee, members of the council, assessors, court reporters and witnesses, and all other costs related to the investigation and hearing, or any part of those costs. (2) Costs required to be paid pursuant to clause (1)(i) are a debt due to the college insofar as they were borne in the first instance by the college, and the council may direct that the licence or permit of the person be suspended in the event of the failure of the person to pay the costs. 1980‑81, c M‑10.1, s 54; 1989‑90, c 43, s 23; 1993, c 31, s 18; 2002, c 21, s 26; 2013, c 14, s 23; 2015, c 21, s 64; 2023, c 36, s 10. Discipline in another jurisdiction 54.01(1) In this section, “external regulatory body” means a body that is responsible for licensing or regulating physicians, physician assistants or podiatric surgeons in a jurisdiction other than Saskatchewan. (2) Subject to subsection (3), the council may impose one or more of the penalties set out in section 54 on a person registered under this Act where, before or after registration under this Act: (a) the person is found by an external regulatory body to have done or failed to have done any act or thing and, in the opinion of the council, that act or failure is unbecoming, improper, unprofessional or discreditable; or (b) the person’s licence, permit or other authorization to practise medicine or podiatric surgery or as a physician assistant, as the case may be, has been suspended, restricted or revoked by an external regulatory body. 39 MEDICAL PROFESSION, 1981 c M-10.1 (3) Before imposing a penalty pursuant to subsection (2), the council must: (a) give the person registered under this Act an opportunity to be heard; and (b) have evidence satisfactory to the council that the person registered under this Act is the person against whom the action described in clause (2)(a) or (b) was taken. (4) For the purposes of this section, the council may accept a certified copy of the record of the findings made or the action taken by an external regulatory body as proof, in the absence of evidence to the contrary, of the findings made or the action taken by that body, without proof of the signature of the person purporting to have signed on behalf of that body. 2002, c 21, s 27; 2023, c 36, s 11. Enforcement of pay of costs and fines 54.1 Where a person defaults in the payment of any: (a) costs directed or imposed pursuant to subsection 45(12) or subsection 54(1) or (2) to be paid by the person; (b) fine imposed on the person pursuant to clause 54(1)(f); or (c) penalty imposed on the person pursuant to subsection 54.01(2); the registrar may file a statement certifying the amount of the costs or fine in the office of the local registrar of the Court of King’s Bench at any judicial centre, and when so filed payment of the amount set out in the statement may be enforced as a judgment of the court. 1989‑90, c 43, s 24; 2002, c 21, s 28; 2018, c 42, s 65; 2024, c4, s 32. Criminal conduct 54.2 If the executive committee obtains information that leads to a reasonable belief that a person registered under this Act has been engaged or is engaging in possible criminal activity, the committee shall disclose the information to the appropriate law enforcement agency. 2023, c 6, s 7‑16. Conviction of indictable offence 55 Where a person who is registered under this Act is, either before or after he is so registered, convicted: (a) in Canada of an indictable offence; or (b) outside Canada of an offence that would be an indictable offence if it were committed in Canada; the council may after giving the person an opportunity to be heard and, on production to the council by the registrar of a duly certified copy of the conviction and proof saisfactory to the council that the person registered is the person who was convicted, impose one or more of the penalties set out in section 54. 1980‑81, c M‑10.1, s 55; 1989‑90, c 43, s 25. 40 c M-10.1 MEDICAL PROFESSION, 1981 Interview of members 55.1(1) The council may require the attendance before it of any person registered under this Act for the purpose of interviewing the person. (2) The council may: (a) appoint a special committee for the purpose of interviewing a person registered under this Act; and (b) make bylaws regarding the size, composition and operation of the committee. 1989‑90, c 43, s 26; 2002, c 21, s 29. Statements, etc., not to be used in evidence, exception 55.2 No statement or answer given by a person registered under this Act: (a) under investigation by a preliminary inquiry committee to that committee; (b) interviewed by the council to the council; or (c) interviewed by a special committee appointed pursuant to section 55.1 to that committee; may be used in evidence before the discipline committee except on a charge that the person registered under this Act is guilty of unbecoming, improper, unprofessional or discreditable conduct for knowingly giving false information to the preliminary inquiry committee, council or special committee. 1989‑90, c 43, s 26; 2002, c 21, s 30. Production of books, records, etc. 55.3(1) The following may require any person registered under this Act to produce to it any books, records, documents or things in the person’s possession or control: (a) the council; (b) Repealed. 2023, c 6, s 7‑17. (c) a special committee, in relation to an interview that it is conducting; (d) a competency committee, in relation to an investigation it is conducting. (2) The college may apply ex parte to a judge of the court for an order directing a person registered under this Act or any other person to produce to the council, a special committee appointed to interview a person or a competency committee any books, records, documents or things in his or her possession or under his or her control where: (a) the person has failed to produce them as required pursuant to subsection (1); or (b) the judge is of the opinion that the issue of the order is just and appropriate in the circumstances. (3) The judge may make any order on an application pursuant to subsection (2) that the judge considers just and appropriate in the circumstances. 1989‑90, c 43, s 26; 2002, c 21, s 31; 2023, c 6, s 7‑17. 41 MEDICAL PROFESSION, 1981 c M-10.1 Notice of hearing 56(1) The discipline hearing committee shall serve a notice of hearing on any person whose conduct it is investigating, and the notice is to: (a) contain a copy of the allegations made against the person or a statement of the subject‑matter of the hearing and investigation; and (b) state the time and place of the hearing and investigation. (2) Where a person registered under this Act is summoned or required to appear before the preliminary inquiry committee, the council, the professional review committee, a competency committee or mental health committee established pursuant to this Act or a special committee appointed by the council for the purpose of interviewing him, the notice or document summoning him or requiring him to appear is to: (a) contain a statement in summary form of the matter into which the investigation is to be made or for which he is required to appear, as the case may be; and (b) state the time and the place set for his appearance. 1980‑81, c M‑10.1, s 56; 1993, c 31, s 19; 2015, c 21, s 64. Service of notice 57(1) A notice or document other than a subpoena required to be served under this Act or under any rule, order or bylaw made pursuant to this Act may be served personally or by registered mail to the last known address of the person being served. (2) A notice or other document served by registered mail is deemed to have been received on the fifth day following the date of its mailing unless the person to whom it was mailed establishes that, through no fault of his own, he did not receive the notice or other document or that he received it at a later date. (3) In the case of a hearing or investigation by the preliminary inquiry committee or the discipline hearing committee, or in the case of an appearance before the professional review committee, the council or a special committee appointed by the council, a notice or document other than a subpoena shall be served: (a) in the case of personal service, not less than seven days; or (b) in the case of service by registered mail, not less than 30 days; prior to the date of the hearing or investigation or the sitting of the council or such committee, as the case may be. (4) Notwithstanding subsections (1), (2) and (3), if it is for any reason impractical to effect service of any documents provided for in subsection (1) in the manner provided for in subsection (1), the court may, on application that may be made without notice, make an order for substituted service. (5) A document served in accordance with the terms of an order mentioned in subsection (4) is deemed to be proper service. 1980‑81, c M‑10.1, s 57; 1989‑90, c 54, s 6; 1993, c 31, s 20; 2016, c28, s 14. 42 c M-10.1 MEDICAL PROFESSION, 1981 Failure to appear 58 Where the person whose conduct is the subject of the hearing or investigation by the discipline hearing committee or the competency hearing committee, or investigation by a preliminary inquiry committee, fails to attend, the committee concerned, on proof of service of the notice or document requiring his appearance or attendance, which may be made by the affidavit of the person effecting service, may proceed without further notice to that person and take any action that it is authorized by this Act to take. 1989‑90, c 43, s 27; 1993, c 31, s 21. Investigating committee 59(1) The council may establish investigating committees consisting of any members that the council may appoint, but the majority of the members appointed shall be psychiatrists. (2) Where the registrar receives information indicating that permitting a person who is registered pursuant to this Act to continue to practice would constitute a danger to the public, the registrar may arrange for the person to be examined by an investigating committee at any time and place that the registrar may designate. (3) On receipt of a report or information under subsection (2) and on consultation with the executive committee or with the president of the council, where the registrar is of the opinion that an emergency exists, he may suspend the person to be examined from practising for a period of seven days or until the person is examined by an investigating committee, whichever occurs first. (4) Notwithstanding section 57, the registrar shall fix the time and place at which the person to be examined is to appear before an investigating committee for examination and shall notify that person by telephone, telegram, personally or by registered letter of that time and place and of the date of any suspension made under subsection (3). (5) Where a person who is duly notified fails to appear before an investigating committee at the time and place fixed for an examination, the registrar may suspend or further suspend the person from practising until he appears before that investigating committee or another investigating committee to be examined by such committee at a time and place fixed by the registrar. (6) The registrar, on the recommendation of an investigating committee that has examined the person, may suspend the person from practising for any period of not more than 45 days from the date of the suspension or until the next meeting of the council, whichever occurs first, and the investigating committee shall report its findings to the council at its next meeting and may make any recommendations that it considers appropriate. (7) A recommendation or report of an investigating committee pursuant to this section that is concurred in by a majority of the members of that committee is a recommendation or report of the investigating committee. 43 MEDICAL PROFESSION, 1981 c M-10.1 (8) The council, on receipt and consideration of a report from an investigating committee relating to a person examined by that committee, may: (a) suspend the person from practising for any period of time that it may specify and may impose any conditions to be met by the person that it considers proper before he may resume his practice; or (b) impose any conditions that it considers proper to be complied with by the person if he wishes to continue to practise. (9) In arriving at any decision or recommendation under this section involving the suspension of a person from practice or the imposition of conditions to be met by him, the safe and proper practice takes priority over the rehabilitation and treatment of the person. (10) Where, under this section, the council suspends a person from practising or imposes conditions with which he must comply, the person may appeal that decision of the council and sections 62 to 66 apply mutatis mutandis to that appeal. 1980‑81, c M‑10.1, s 59; 1982‑83, c 16, s 38; 1984‑85‑86, c 38, s 25; 1988‑89, c 13, s 6. Protection of college, etc. 60(1) No action lies against the college, the registrar or any employee of the college, the council or any committee appointed by the council or any member of the council or of any such committee for any act done, proceeding taken or judgment given or enforced in good faith under any provision of this or any other Act or by the bylaws, rules, orders or proceedings of the council under this Act.

(2) No witness in a legal proceeding shall be asked any question about proceedings before or by, or information or evidence given to, a committee appointed by the council for the purpose of reviewing matters relating to morbidity, mortality or the cause, prevention, treatment or incidence of disease, but the witness is not excused from answering questions or producing documents that the witness is otherwise bound to answer or produce. (3) Subsection (2) does not apply to any original medical or hospital records that may have been placed before or considered by a committee mentioned in that subsection. (4) No person who submits any documents or discloses any information to a committee mentioned in subsection (2) is liable at law or liable to any penal proceeding under any Act for so doing, and, subject to compliance with subsection (5), no committee appointed by the council and no member of that committee who, with the committee’s consent, discloses any report or any part of a report of the committee to the public or any person is liable at law or liable to any penal proceeding under any Act for so doing. (5) All proceedings of a committee described in subsection (2) shall be held in camera, and all information and evidence given to that committee in any proceedings shall be treated by the committee and its members as confidential, and, in any report or publication by the committee or a member of that committee relating to its reviews, the names of the physicians, physician assistants or podiatric surgeons and patients connected in any way with the matters under review shall not be disclosed. 44 c M-10.1 MEDICAL PROFESSION, 1981 (6) Notwithstanding subsections (2) to (5), the council may: (a) receive from a committee mentioned in subsection (2) any information given to the committee, including the names of physicians, physician assistants, podiatric surgeons and patients; and (b) if the council considers that it is in the public interest to do so, release any information obtained pursuant to clause (a) to: (i) another person or organization that is involved in reviewing a matter related to that which was reviewed by the committee; (ii) another person or organization that provides or regulates health services in Saskatchewan if the council is of the opinion that releasing the information is likely to improve health care delivery in Saskatchewan; and (iii) the minister: (A) if the council is of the opinion that releasing the information is likely to improve health care delivery in Saskatchewan; (B) for the purpose of informing the minister of a review by the committee if, in the opinion of the council, there is a compelling public interest in releasing that information; or (C) for the purpose of confirming that the committee is reviewing a member. (7) The council may delegate its powers pursuant to subsection (6) to the registrar subject to any terms and conditions established by the council. 1980‑81, c M‑10.1, s 60; 1989‑90, c 54, s 6; 2002, c 21, s 32; 2008, c 32, s 2; 2023, c 36, s 12. Legal or other assistance 61 The council, the discipline committee, a preliminary inquiry committee, the executive committee of the council and any other committee appointed by council may, for the purpose of carrying out its duties under this or any other Act, employ at the expense of the college with the approval of the council any legal or other assistance that it considers necessary. 1980‑81, c M‑10.1, s 61. PART VI Appeals Right of appeal 62(1) A person may, in the manner provided in this Part, appeal a decision of the council to the court if: (a) the person’s name is struck from a register; (b) the person is prohibited from practising in Saskatchewan; (c) the person’s application for registration is rejected; 45 MEDICAL PROFESSION, 1981 c M-10.1 (d) the council has not notified the person of a decision with respect to the person’s application within 90 days after the receipt by the registrar of evidence that the person meets the requirements for registration; (e) the person’s licence or permit is issued subject to terms and conditions; (f) the person’s licence or permit is revoked; (g) the person is suspended from practising or reprimanded; or (h) the person’s practice is restricted or the person has otherwise been disciplined pursuant to section 54 or 54.01. (2) The person appealing pursuant to subsection (1) shall: (a) file a notice of appeal with the registrar of the court within 60 days of the date of the decision; and (b) at the time of filing a notice of appeal pursuant to clause (a), serve a copy of the notice of appeal on the registrar. (3) On hearing the appeal, the court may: (a) confirm the decision of the council; (b) vary the decision of the council; (c) substitute its own decision for that of the council; or (d) quash the decision of the council; and may make any order as to costs that it considers appropriate. (4) Where the court quashes the decision of the council, it may direct a new hearing or further inquiry by the discipline committee. 1988‑89, c 13, s 7; 2002, c 21, s 33; 2013, c 14, s 24. Notice of appeal 63 A notice of appeal required pursuant to subsection 62(2) shall set out the grounds of appeal. 1988‑89, c 13, s 7. Transcript of evidence 64(1) As soon as possible after serving a notice of appeal, the person appealing shall deliver a transcript of the evidence before the discipline hearing committee to the registrar of the court. (2) As soon as possible after being served a copy of the notice of appeal, the registrar shall deliver the record of the discipline hearing committee and the council to the registrar of the court. 1993, c 31, s 22. 46 c M-10.1 MEDICAL PROFESSION, 1981 Record of proceedings 65 The registrar shall keep in his custody the record of a disciplinary proceeding and no one is entitled to remove that record from his custody except for the purpose of an appeal pursuant to this Part or on the order of a court of competent jurisdiction. 1988‑89, c 13, s 7. Appeal to Court of Appeal 66 With leave of the Court of Appeal, the council or a person who makes an appeal pursuant to section 62 may appeal a decision of the court on a point of law to the Court of Appeal. 1988‑89, c 13, s 7. 67 Repealed. 1988‑89, c 13, s 7. 68 Repealed. 1988‑89, c 13, s 7. Application for stay pending appeal 69(1) If the council has ordered that the name of a person be struck from a register or if the council, the discipline hearing committee or any other committee appointed by the council has suspended a person from practising and that person has commenced an appeal pursuant to section 62, he or she may apply to a judge of the court for an order staying the order, or the suspension that is being appealed, until the appeal is determined. (2) An application pursuant to subsection (1) shall be by motion, notice of which shall be served on the registrar at least 10 days before the day on which the motion is returnable. 1980‑81, c M‑10.1, s 69; 1993, c 31, s 23; 2013, c 14, s 25. Protection of public 69.1 In any proceeding before the competency committee or the discipline hearing committee, in any consideration by the council of a report from either of these committees and in any appeal pursuant to this Act, the protection of the public and safe and proper practice shall take priority over the rehabilitation, treatment and welfare of a person registered under this Act. 1988‑89, c 13, s 8; 1993, c 31, s 24; 2002, c 21, s 34. PART VII Rights, etc., re Medical Practitioners 70 Repealed. 2002, c 21, s 35. Rights of registered practitioners 71 Every person registered under this Act and not under suspension is entitled to practise in the province within any restrictions, limitations, or conditions fixed by the council on the services that he may provide and to demand and recover reasonable charges in any court of competent jurisdiction in the province with full costs of suit. 1980‑81, c M‑10.1, s 71. 72 Repealed. 2004, c L‑16.1, s 56. 47 MEDICAL PROFESSION, 1981 c M-10.1 Qualifications for appointment to the public service 73 No person is qualified to be appointed as a medical officer, physician or surgeon in any branch of the public service of the province or in any hospital, nursing home or institution unless he is registered pursuant to a provision of this Act other than section 42.1 or 42.11 and not under suspension. 1980‑81, c M‑10.1, s 73; 2002, c 21, s 36; 2023, c 36, s 13. Where medical certificate valid 74 No certificate required by law from a physician or surgeon or medical practitioner is valid unless the person signing it was registered pursuant to a provision of this Act other than section 42.1 or 42.11 and in good standing at the time when the subject-matter, in respect of which the certificate applies, occurred. 1980‑81, c M‑10.1, s 74; 2002, c 21, s 37; 2015, c 21, s 64; 2023, c 36, s 14. PART VIII Offences EVIDENCE Publication of list of persons registered 75(1) The registrar shall, under the direction of the council, cause to be printed and published a correct list of the names of the persons registered under this Act and not under suspension, which list shall state the names of those persons arranged alphabetically and their residences. (2) If the list described in subsection (1) is not published yearly, the registrar shall issue yearly an addendum for the completion of that list to the date of the issue of that addendum, and the list or addendum published or purporting to be published by the registrar is admissible in evidence as prima facie proof in all courts in the province, and before all justices of the peace and others, that the persons specified therein are registered under this Act. (3) Subject to subsection (4), the absence of the name of any person from the list or addendum pursuant to this section is admissible in evidence as prima facie proof that the person is not registered under this Act. (4) In the case of a person whose name does not appear in the list or addendum, an affidavit of the registrar that the person is registered and is not under suspension is admissible in evidence as prima facie proof that he is registered under this Act. 1980‑81, c M‑10.1, s 75. Evidence of registration 76(1) A certificate purporting to be signed by the registrar setting out one or more of the facts described in subsection (1.1) constitutes proof, in the absence of evidence to the contrary, of those facts without proof that the person signing it is the registrar or proof of the registrar’s signature. 48 c M-10.1 MEDICAL PROFESSION, 1981 (1.1) Subsection (1) applies to a certificate stating that, on a specified day or during a specified period: (a) a person named in the certificate was or was not a member and, in the case of a member, stating the category of membership of the member; (b) a corporation named in the certificate: (i) was or was not registered as a professional corporation; or (ii) was or was not the holder of a valid permit; (c) a person named in the certificate: (i) was or was not registered as a podiatric surgeon; or (ii) was or was not the holder of a valid permit; or (d) a person named in the certificate: (i) was or was not registered as a physician assistant; or (ii) was or was not the holder of a valid licence to practise as a physician assistant. (2) In any case where proof of registration or non‑suspension of a person pursuant to this Act is required to validate a witness’s evidence and the proof is not available without prejudicial delay to the case or the parties interested, the evidence of the person under oath that he is so registered under this Act and not under suspension is sufficient proof of the facts sworn by him. 1980‑81, c M‑10.1, s 76; 2000, c 15, s 11; 2002, c 21, s 38; 2023, c 36, s 15. Onus of proof 77 In a prosecution under this Act, the burden of proof of authorization to practise or of non‑suspension is on the person charged. 1980‑81, c M‑10.1, s 77. OFFENCES When physician not entitled to rights 78 A person entitled to be registered under this Act who neglects or omits to be so registered is not entitled to any rights or privileges conferred by registration during the time that the omission or neglect continues, and he is liable to the penalties imposed by this Act or any other Act in force against unqualified or unregistered persons. 1980‑81, c M‑10.1, s 78; 2002, c 21, s 39. Practising defined 79 Every person is deemed to practise medicine within the meaning of this Act who: (a) holds himself out as being able to diagnose, treat, operate or prescribe for any human disease, pain, injury, disability or physical condition; or 49 MEDICAL PROFESSION, 1981 c M-10.1 (b) offers or undertakes by any means or methods to diagnose, treat, operate or prescribe for any human disease, pain, injury, disability or physical condition. 1980‑81, c M‑10.1, s 79. Penalty for unlawfully practising 80(1) A person who is not registered under this Act and who: (a) for hire, gain or hope of reward: (i) engages in, professes to engage in or advertises to give advice in any aspect of practice; or (ii) furnishes any medicine or treats any disease or ailment by medicine, drugs or any form of treatment, influence or appliance; (b) takes or uses any name, title, addition or description representing, implying or calculated to lead people to infer that the person is registered under this Act to practise or that the person is recognized by law as a physician, surgeon, physician assistant or podiatric surgeon; (c) assumes, uses or employs the term ‘doctor’, ‘surgeon’, ‘physician’, ‘physician assistant’ or ‘podiatric surgeon’, or any affix or prefix indicative of any such title, as an occupational designation that relates to the treatment of human ailments, or advertises or holds oneself out as such; (d) pretends to be a physician, doctor of medicine, surgeon, physician assistant, podiatric surgeon, medical practitioner or healer of the sick; (e) assumes any title, addition or description other than that which he actually possesses and is legally entitled to use under this Act; is guilty of an offence and liable on summary conviction, in the case of a first offence, to a fine of not more than $5,000, in the case of a second offence, to a fine of not more than $10,000, and, in the case of a third or subsequent offence, to a fine of not more than $15,000. (2) Every director, officer or agent of a corporation who directed, authorized, assented to, acquiesced in or participated in an act or omission of the corporation that would constitute an offence by the corporation is guilty of that offence, and is liable on summary conviction: (a) for a first offence, to a fine of not more than $5,000; (b) for a second offence, to a fine of not more than $12,000; and (c) for a third or subsequent offence, to a fine of not more than $20,000. 1980‑81, c M‑10.1, s 80; 1989‑90, c 43, s 28; 2000, c 15, s 12; 2002, c 21, s 40; 2023, c 36, s 16. Limitation of prosecution 81 No prosecution shall be commenced for an offence against section 80 of this Act after the expiration of one year from the date of the commission of the alleged offence. 1980‑81, c M‑10.1, s 81; 1989‑90, c 43, s 29. 50 c M-10.1 MEDICAL PROFESSION, 1981 EXCEPTIONS Non-application to certain situations 82 Nothing in this Act applies to or affects: (a) a lawfully qualified physician in any other province or country meeting with a legally qualified medical practitioner in Saskatchewan in consultation; (b) the furnishing of first aid or temporary assistance in cases of emergency; (c) the domestic administration of family remedies; or (d) a person who practises the religious tenets of his church without pretending to have a knowledge of medicine, surgery, midwifery or podiatric surgery or the practice of a physician assistant, provided that any laws, rules and regulations relating to contagious diseases and sanitary matters are not violated. 1980‑81, c M‑10.1, s 82; 2002, c 21, s 41; 2023, c 36, s 17. Act not to prevent members delegating to other health professionals 82.1(1) Subject to subsection (2), nothing in this Act prevents or limits a duly qualified medical practitioner from delegating, in accordance with the bylaws, acts in the practice of medicine that are specified in the bylaws to health professionals specified in the bylaws. (2) A delegation mentioned in subsection (1) may be made only if the health professional has the requisite knowledge, education, training and skill to perform the specified act. 2013, c 14, s 26. Non-application to powers granted under other Acts 83 Nothing in this Act applies to or affects powers given to persons under the authority of any other Act. 1980‑81, c M‑10.1, s 83. Non-application of other Acts 84 Nothing in any other Act applies to or affects a physician, physician assistant or podiatric surgeon engaged in practice under the authority of this Act. 1980‑81, c M‑10.1, s 84; 2002, c 21, s 42; 2023, c 36, s 18. Application of fines 85 All fines imposed under this Act and all moneys received or levied thereunder are, upon receipt by the person authorized to receive them, to be promptly paid by that person to the registrar for the uses of the college as the council may direct. 1980‑81, c M‑10.1, s 85. 51 MEDICAL PROFESSION, 1981 c M-10.1 PART IX Miscellaneous RESTORATION OF LICENCE Restoration of licence, permit 86 The council may restore the licence or permit, as the case may be, of any person where it considers that the interest of the public has been adequately protected, and it may require that person to pay a restoration fee, the amount of which is not to exceed the amount of the registration fee. 1980‑81, c M‑10.1, s 86. PRACTICE ENHANCEMENT COMMITTEE RECORDS Non-compellability re practice enhancement committee records 86.1(1) In this section: (a) “legal proceeding” means any proceeding in a court, and includes any proceeding that arises out of, is required by or is incidental to a proceeding in a court, whether it is held in court or not; (b) “practice enhancement committee” means the committee of the college established, and in which the Saskatchewan Medical Association participates, for the purpose of reviewing and improving the quality of medical care provided by members. (2) No person is compellable to give evidence in a legal proceeding with respect to any proceedings before the practice enhancement committee or any information or evidence provided to the practice enhancement committee. (3) No person is compellable in a legal proceeding to produce a record of a proceeding before the practice enhancement committee or any record, document or information prepared from, or statement given at, a proceeding before the practice enhancement committee. (4) This section does not apply to: (a) records, documents or information with respect to patients that are kept by: (i) a member or a professional corporation; (ii) the provincial health authority or affiliate, as defined in The Provincial Health Authority Act; or (iii) any other person who operates a health care facility or provides a health service; or (b) any other record, document or information that has been prepared or kept for a purpose unrelated to the practice enhancement committee. 2000, c 15, s 13; 2002, c R‑8.2, s 84; 2017, c P‑30.3, s 11‑1. 52 c M-10.1 MEDICAL PROFESSION, 1981 RETURNS, REPORTS, ETC. Returns 87 The registrar, when so required by the Lieutenant Governor in Council, shall transmit to the Minister of Justice a certified return under the seal of the council containing all information and particulars relating to the college that may be required or requested. 1980‑81, c M‑10.1, s 87; 1991, c T‑1.1, s 26. Filing of bylaws 88(1) The college shall file with the minister two copies, certified by the registrar to be true copies, of: (a) all bylaws made pursuant to this Act other than bylaws made pursuant to subsection 6(1); and (b) any amendment to a bylaw described in clause (a) together with two copies of the bylaw to which the amendment relates. (2) Where the college adopts a code of ethics governing persons registered under this Act and subscription to or observance of that code is a condition of registration under this Act, the code of ethics is, for the purposes of this section and sections 90 and 91, deemed to be a bylaw made pursuant to subsection 6(2). (3) Where the minister does not advise the college in writing within 90 days of receiving copies of the bylaw or amendment that the minister does not approve the bylaw or amendment, the bylaw or amendment is deemed to have been approved. (4) Where the minister approves a bylaw or an amendment to a bylaw or the bylaw or amendment is deemed to have been approved pursuant to subsection (3), the minister shall file with the Registrar of Corporations two copies, certified by the registrar to be true copies, of the bylaw or amendment. (5) Repealed. 2002, c 21, s 43. (6) Every bylaw and amendment mentioned in subsection (1) and approved by the minister or deemed to have been approved pursuant to subsection (3), comes into effect on the date on which it is published in the Gazette. 1989‑90, c 43, s 30; 1991, c T‑1.1, s 26; 2002, c 21, s 43; 2010, c B‑12, s 40; 2021, c 6, s 23‑26. Same 89 The college shall file with the Registrar of Corporations two copies, certified by the registrar to be true copies, of all bylaws made pursuant to subsection 6(1). 2002, c 21, s 44; 2010, c B‑12, s 40; 2021, c 6, s 23‑26. 53 MEDICAL PROFESSION, 1981 c M-10.1 Review by Assembly 90(1) One copy of each bylaw and amendment filed pursuant to section 88 is to be laid before the Assembly by the minister responsible for the administration of The Business Corporations Act, 2021 in accordance with section 13 of The Executive Government Administration Act. (2) Where a bylaw or amendment laid before the Assembly is found by the Assembly to be beyond the powers delegated by the Legislature or in any way prejudicial to the public interest, the bylaw or amendment ceases to have effect and is deemed to have been revoked. 1991, c T‑1.1, s 26; 2010, c B‑12, s 40; 2014, c E‑13.1, s 62; 2021, c 6, s 23‑26. Record of revocation and notification 91(1) Where it appears from any Votes and Proceedings of the Assembly that any bylaw or amendment has ceased to have effect, the Clerk of the Assembly shall immediately forward two copies of the Votes and Proceedings to the Registrar of Corporations. (2) On receipt of copies mentioned in subsection (1), the Registrar of Corporations shall: (a) file one of the copies with the bylaw or amendment to which it relates; and (b) immediately: (i) forward the other copy to the college; and (ii) at the same time, advise the college that the copy is forwarded pursuant to this subsection. 1989‑90, c 43, s 30; 1991, c T‑1.1, s 26; 2010, c B‑12, s 40; 2021, c 6, s 23‑26. Annual report 91.1 The college shall file an annual report with the minister in the form, with the contents and in the time prescribed by the minister. 1995, c 12, s 10. 92 Repealed. 1989‑90, c 43, s 30. 93 Repealed. 1989‑90, c 43, s 30. 94 Repealed. 1989‑90, c 43, s 30. 95 Repealed. 1989‑90, c 43, s 30. 96 Repealed. 1988‑89, c 13, s 9. 97 Repealed. 2004, c 60, s 13. 54 c M-10.1 MEDICAL PROFESSION, 1981 REPEAL RSS 1978, c M-10 repealed 98 The Medical Profession Act is repealed. 1980‑81, c M‑10.1, s 98. Coming into force 99 This Act or any of the provisions of this Act come into force on a day or days to be fixed by proclamation of the Lieutenant Governor. 1980‑81, c M‑10.1, s 99. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024