By-Law 7: Respecting the information and verification of information of applicants for registration or licensing

1. Information to be provided for Registration or Licensing

(1) The following terms shall have the following meaning as used in, and when used with reference to, this By-Law

“applicant” shall mean and include an applicant making initial application for registration or licence and a medical practitioner making application for renewal of licence

“applicant information” shall mean all information referred to in this By-Law, and shall include such documentation and explanation of information provided by or in respect of an applicant as required by the College to satisfy the College of the truth, accuracy and completeness of that information

“application” shall mean and include the application form, and any form, declaration, authorization or other document supplementary to the application, as required by the College to be submitted by or on behalf of an applicant, and as may be amended by the College from time to time

“registration” shall mean and include registration on the medical register, register of specialists, educational register or corporate register of the College, and any other class of registration permitted under the Medical Act, 2005 and the regulations in force thereunder, as may be amended from time to time, and “register” shall have the according meaning

“licence” shall mean and include full licence, provisional license, temporary licence, and any other class of licensure permitted under the Medical Act, 2005 and the regulations in force thereunder, as may be amended from time to time, and “licensing” shall have the according meaning

(2) Upon any application for registration, licence or renewal of licence with the College, an applicant shall provide any and all of the following information upon request of the College:

(a) the information required to be included in the registers of the College and the list of provisional licensees by By-Law No.4 of the College;

(b) a current photograph of the applicant meeting the same requirements as those for a Canadian passport;

(c) any changes in the applicant’s name since the applicant’s undergraduate medical training;

(d) the applicant’s date and place of birth;

(e) the applicant’s citizenship or immigration status (e.g., Canadian citizen, landed resident, work or student visa);

(f) whether the applicant has applied for Canadian citizenship, the date of the application, and the date on which Canadian citizenship was obtained;

(g) any unique identifier assigned to the applicant by a medical or health authority in Canada or in any other jurisdiction;

(h) information regarding the applicant’s existing or anticipated professional liability coverage;

(i) information regarding the applicant’s undergraduate medical degree;

(j) information regarding the applicant’s postgraduate training;

(k) information regarding any specialist certifications held by the applicant;

(l) information regarding the applicant’s practice experience and history, including information in relation to breaks in practice;

(m) information regarding participation in continuing professional development;

(n) information regarding proficiency in the English language;

(o) the applicant’s declared address within the Province of Newfoundland and Labrador for the purposes of receipt of correspondence and notice from the College;

(p) the address, telephone number, facsimile number and e-mail address applicable to the applicant’s principal place of practice or intended principal place of practice, and to any secondary places of practice;

(q) the applicant’s home address and home telephone or personal cell phone number;

(r) whether the applicant has been charged with or convicted of any offence in Canada or elsewhere, including all offences under the Criminal Code of Canada, the Controlled Drugs and Substances Act (Canada), the Food and Drugs Act (Canada) or under the criminal law, controlled drugs and substances law or food and drugs law of any jurisdiction other than Canada, but excluding any charge that has been withdrawn or resulted in a judicial decision that the applicant was not guilty of the charge and excluding traffic infractions or parking violations;

(s) information in respect of an offence referred to in paragraph 1 (2) (r) of this By-Law;

(t) information that relates to the applicant’s professional good standing and fitness to practice, including but not limited to

(i) the applicant’s health, as it may affect the applicant’s fitness to practice or as it may pose a risk to patients;

(ii) the applicant’s history in respect of addiction or other substance use problems in respect of alcohol, drugs or other substances;

(iii) information about complaints made to, proceedings before, or actions taken by other regulatory authorities and hospitals in respect of the applicant;

(iv) the applicant’s history in respect of any restriction on practice in other jurisdictions, whether voluntary or involuntary;

(v) the applicant’s history in respect of any revocation, withdrawal, surrender, suspension, restriction, limitation, alteration, non-renewal, or resignation of registration or licence to practice or of hospital privileges;

(u) such other information as an applicant is required to provide under the Medical Act, 2005 and the regulations in force thereunder, as may be amended from time to time.

(3) For the purposes of this By-Law, a question to be answered, or an information field to be completed, in an application or by some other form of document to be provided by an applicant to the College, shall be considered a request by the College for the information necessary to provide a truthful, accurate and complete response to that question or a truthful, accurate and complete completion of that information field.

(4) The failure to provide any information requested of an applicant pursuant to this By-Law shall be grounds for denial of an application.

(5) Only the applicant information recorded in the registers of the College under By-Law No. 4 is designated as available to the public.

(6) Applicant information not designated as available to the public will normally be considered by the College as confidential. The Registrar of the College may authorize the disclosure to a third party of applicant information not designated as public where the Registrar is of the opinion that there is an urgent or compelling public interest in making such disclosure which outweighs the desirability of protecting the applicant against disclosure of any personal information that would thereby be disclosed, or where such disclosure is otherwise permitted or required by law.

2. Verification

(1) The College may require an applicant to authorize the submission of applicant information to College-recognized Canadian and international verification services, such as the Physician Credentials Registry of Canada (PCRC) and International Credentials Services (EICS).

(2) Where applicant information submitted by or on behalf of the applicant is in a language other than English, the College may require such information to be translated by a translation service satisfactory to the College, at the applicant’s expense.

(3) Where the College deems it necessary to verify periods in medical training and practice, and breaks in practice, the College may require the applicant to authorize disclosure by Canadian government departments and agencies to the College of information relating to periods spent inside and outside of Canada, and with respect to employment within Canada.

(4) Where the College deems it advisable to make follow up inquiries in respect of letters of reference or other applicant information received from third parties, the College may require the applicant to authorize such inquiries by the College to such third parties.

(5) The College may require that applicant information be verified, in accordance with this By-Law, as a condition for acceptance of an application. An applicant’s failure or refusal to provide written consents or authorizations to facilitate such verification, or failure or refusal to otherwise cooperate with such verification, shall be grounds for denial of an application.

3. Professional liability coverage

(1) As a condition for acceptance of an application for registration or licence, an applicant shall be required to provide and update evidence, satisfactory to the College, that the applicant has obtained and maintained professional liability coverage that extends to all areas of the applicant’s practice or intended practice, through either or both:

(a) membership in the Canadian Medical Protective Association:

(b) a policy of professional liability insurance issued by a company licensed to carry on business in the Province of Newfoundland and Labrador, providing a coverage of at least $10,000,000.

(2) As a condition for acceptance of an application for registration or licence, an applicant may be required to provide authorization for the provider of the professional liability coverage to provide periodic updates to the College of the status of the applicant’s compliance with the requirements of subsection 3 (1) of this By-Law.

4. Obligation to update the College

(1) If an applicant becomes aware that there is or will be a change in applicant information previously provided by or on behalf of the applicant to the College, the applicant shall notify the College in writing of the change as soon as practicable and in any event no later than thirty (30) days from the effective date of the change. By such notice, the applicant shall provide such information, including documentation, as is necessary to explain the change, and such changed or supplementary applicant information shall be subject to all the provisions of this By-Law.

(2) The College may by written inquiry at any time after an application require an applicant to provide supplementary or updated applicant information.

5. Consequences of providing untruthful, inaccurate or incomplete information

(1) The College reserves the right to deny or withdraw acceptance of an application for registration or licence if the College has reason to believe that the applicant information is untruthful, inaccurate or incomplete and, if after notice by the College to the applicant, the applicant has not provided an explanation which satisfies the College either that the information as originally provided was and is truthful, accurate and complete and consistent with the information as provided to others or that discrepancy was inadvertent and without intent to mislead the College or others and that the College and any others to whom the information has been provided have been subsequently provided with the truthful, accurate and complete information.

(2) Without limiting the College’s remedies under subsection 5(1), the Registrar may lay an allegation of conduct deserving of sanction against a medical practitioner where there is reason to believe that the medical practitioner has not complied with this By-Law.

6. Effective Date

This By-Law shall be effective as of January 15, 2009.