47. Where the medical examiner chooses to proceed pursuant to subparagraph 1 of the first paragraph of section 46, the medical examiner shall send a copy of the complaint to the professional concerned.
The user and the professional must be allowed to present observations during the examination of the complaint. The professional shall have access to the user’s complaint record.
The obligations set out in section 36 apply, with the necessary modifications, to any information required or meeting called by the medical examiner.
The medical examiner must examine the complaint within 45 days of its referral and attempt to conciliate the interests involved. The medical examiner may consult any person whose expertise the medical examiner requires, including, with the authorization of the board of directors, an expert from outside the institution. Before the expiry of the time limit, the medical examiner must transmit his or her conclusions, including reasons, in writing to the user and the professional concerned, together with any appropriate recommendations, and inform the user of the conditions and procedure for applying to the review committee established under section 51. The conclusions, reasons and recommendations must also be communicated to the local service quality and complaints commissioner.
1991, c. 42, s. 47; 1998, c. 39, s. 14; 2001, c. 43, s. 41; 2005, c. 32, s. 224.