45. Where a user makes a complaint concerning a physician, dentist or pharmacist, or a resident, the local service quality and complaints commissioner shall without delay refer the complaint for investigation to the medical examiner designated pursuant to section 42 and shall inform the user in writing, indicating the date of the referral.
However, where a user makes a complaint regarding administrative or organizational problems involving medical, dental or pharmaceutical services, the complaint shall be examined by the local service quality and complaints commissioner in accordance with the provisions of Division I unless the local service quality and complaints commissioner, after consulting with the medical examiner, is of the opinion that one or more physicians, dentists or pharmacists, or residents, are the subject of the complaint, in which case the commissioner shall proceed in accordance with the first paragraph.
Any complaint that involves the supervision or assessment of medical, dental or pharmaceutical acts remains within the jurisdiction of the medical examiner.
Where a complaint is examined by the local commissioner, the medical examiner must collaborate to find solutions to the administrative or organizational problems underscored by the complaint.
1991, c. 42, s. 45; 1998, c. 39, s. 173; 2001, c. 43, s. 41; 2005, c. 32, s. 224.