S-4.2 - Act respecting health services and social services

Section 46 Disposition versions

2006-04-01

46. According to the nature of the facts and their significance in terms of the quality of medical, dental or pharmaceutical care or services, the medical examiner, on receiving a complaint, must decide whether to

(1)  examine the complaint in accordance with this division;

(2)  where the complaint concerns a physician, dentist or pharmacist who is a member of the council of physicians, dentists and pharmacists, refer the complaint to that council for a disciplinary investigation by a committee established for that purpose, and transmit a copy of the complaint to the professional concerned; 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;

(3)  where the complaint concerns a resident and raises questions of a disciplinary nature, refer the complaint, with a copy to the resident, to the authority determined by a regulation made under paragraph 2 of section 506; or

(4)  dismiss the complaint if, in the medical examiner’s opinion, it is frivolous, vexatious or made in bad faith.

Where the medical examiner chooses to proceed pursuant to subparagraph 2, 3 or 4, the medical examiner must inform the user and the local service quality and complaints commissioner.

1991, c. 42, s. 46; 1998, c. 39, s. 13; 2001, c. 43, s. 41; 2005, c. 32, s. 224.

2002-04-01

46. According to the nature of the facts and their significance in terms of the quality of medical, dental or pharmaceutical care or services, the medical examiner, on receiving a complaint, must decide whether to

(1)  examine the complaint in accordance with this division ;

(2)  where the complaint concerns a physician, dentist or pharmacist who is a member of the council of physicians, dentists and pharmacists, refer the complaint to that council for a disciplinary investigation by a committee established for that purpose, and transmit a copy of the complaint to the professional concerned ; 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 ;

(3)  where the complaint concerns a resident and raises questions of a disciplinary nature, refer the complaint, with a copy to the resident, to the authority determined by a regulation made under paragraph 2 of section 506 ; or

(4)  dismiss the complaint if, in the medical examiner’s opinion, it is frivolous, vexatious or made in bad faith.

Where the medical examiner chooses to proceed pursuant to subparagraph 2, 3 or 4, the medical examiner must inform the user and the local service quality commissioner.

1991, c. 42, s. 46; 1998, c. 39, s. 13; 2001, c. 43, s. 41.

1998-06-20

46. The complaints officer of the regional board shall send a copy of the complaint submitted to him to the institution, the intermediate resource or the family-type resource concerned and, within five days of receiving the copy, the institution must transmit the complete record of complaint to the complaints officer.

1991, c. 42, s. 46; 1998, c. 39, s. 13.

1992-10-01

46. The senior management officer of the regional board shall send a copy of the complaint submitted to him to the institution and, within 30 days of receiving the copy, the institution must transmit the complete record of complaint to him.

1991, c. 42, s. 46.