52. Except where a complaint is referred for a disciplinary investigation, the function of the review committee is to review the handling of a user complaint by the medical examiner of an institution in the territory of the local health and social services network. To that end, the review committee must acquaint itself with the entire complaint record and examine whether the complaint was examined properly, diligently and equitably and whether the reasons for the medical examiner’s conclusions, if any, are based on the enforcement of user rights and compliance with standards of professional practice. At the conclusion of its review and within 60 days after receiving a review application, the review committee must communicate a written opinion, including reasons, to the user, to the professional concerned, to the medical examiner and to the local service quality and complaints commissioner of the institution concerned.
In its opinion, and the reasons therefor, the review committee must either
(1) confirm the conclusions of the medical examiner of the institution concerned;
(2) require that the medical examiner carry out a supplementary examination within the time specified and transmit his or her new conclusions to the user and a copy to the review committee and to the professional concerned as well as to the local service quality and complaints commissioner;
(3) where the complaint concerns a physician, dentist or pharmacist who is a member of the council of physicians, dentists and pharmacists established for an institution, forward a copy of the complaint and of the record to that council for a disciplinary investigation by a committee established for that purpose; if there is no such council, the complaint shall be handled according to the procedure determined by a regulation under paragraph 2 of section 506;
(4) where the complaint concerns a resident and raises questions of a disciplinary nature, forward a copy of the complaint and of the record to the authority determined by a regulation made under paragraph 2 of section 506;
(5) recommend any action that is likely to resolve the matter to the medical examiner or, if appropriate, to the parties themselves.
1991, c. 42, s. 52; 1998, c. 39, s. 173; 2001, c. 24, s. 2; 2001, c. 43, s. 41; 2005, c. 32, s. 17.