BILL NO. 31
2nd Session, 60th General Assembly
56 Elizabeth II, 2007
The Honourable Chris A. d'Entremont
Minister of Health
First Reading: November 27, 2007
Second Reading: December 4, 2007
Third Reading: December 11, 2007 (LINK TO BILL AS PASSED)
This Bill protects investigative and disciplinary material in the records of the College of Physicians and Surgeons from disclosure during legal proceedings.
1 Chapter 10 of the Acts of 1995-96, the Medical Act, is amended by adding immediately after Section 66 the following Section:
(2) A witness in any legal proceeding, whether a party to the proceeding or not, is excused from answering any question as to any proceedings of an investigation committee or a hearing committee, and is excused from producing any report, statement, memorandum, recommendation, document or information prepared for the purpose of the investigative, disciplinary and hearing processes of the College, including any information gathered in the course of an investigation or produced for an investigation committee, a hearing committee or staff members of the College.
(4) Unless otherwise determined by a court of competent jurisdiction, a decision of an investigation committee or a hearing committee is not admissible in a civil proceeding other than in an appeal or a review pursuant to this Act.
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