Requirements for professional liability insurance, made pursuant to paragraph 15(1)(o) of the Medical Act, 2011, to assist in the administration of s. 17(1)(c) of the Medical Regulations, 2015.

1. Professional Liability Insurance

(1) All applications for license or registration with the College of Physicians and Surgeons shall include proof satisfactory to Council that the applicant has sufficient professional liability insurance coverage.

(2) For the purposes of paragraph 1(1), Council shall be satisfied that the applicant has sufficient professional liability insurance coverage when the applicant provides:

(i) proof of membership in the Canadian Medical Protective Association including written authorization from the applicant in which they authorize the Canadian Medical Protective Association to release to the College any information respecting the status of that physician’s membership that may be required by the College; or

(ii) a certificate of insurance which provides the applicant with a contract of professional liability insurance which is satisfactory to Council from an insurer registered to do business in Newfoundland and Labrador that provides a minimum coverage of ten million dollars for each occurrence.

(3) All physicians licensed or registered with the College of Physicians and Surgeons shall continue to meet the criteria listed in either paragraph 1(2)(i) or (ii) while they remained licensed or registered and shall supply satisfactory evidence of same at the request of the Registrar.

2. Applications for Exemption

(1) A physician who:

(i) is not providing medical care to patients in Newfoundland and Labrador; or

(ii) provides information to the Registrar that satisfies the Registrar that the Newfoundland and Labrador public would not be placed unduly at risk if the physician were not required to maintain insurance coverage or membership in the Canadian Medical Protective Association;

may apply to the College of Physicians and Surgeons for exemption from the requirements outlined in paragraph 1. The application for an exemption shall be accompanied by an undertaking that the physician will immediately obtain membership with the Canadian Medical Protective Association or obtain professional liability insurance with an insurance company registered to do business in Newfoundland and Labrador that provides a minimum coverage of ten million dollars for each occurrence if the physician should cease to meet the conditions of paragraph (i) or if any of the information provided in an application under paragraph (ii) should cease to be accurate.

3. Professional Misconduct

(1) In addition to the grounds set out in By-Law 5: Code of Ethics, “professional misconduct” shall also include:

(i) failure to comply with this By-Law, including failure to continuously maintain sufficient professional liability insurance coverage as required under paragraph 1(3), unless an exemption is granted under paragraph 2; and

(ii) breach of an undertaking to the College made pursuant to paragraph 2.

Approved by Council: March 15, 2015