1The following definitions apply in this Act.
“Complaints Committee” means the Complaints Committee established under section 38.(comité des plaintes)
“Council” means the Midwifery Council of New Brunswick established under section 4.(Conseil)
“Discipline Committee” means the Discipline Committee established under section 38.(comité de discipline)
“health professional” means a person who provides a service related to
(professionnel de la santé)
(a)
the preservation or improvement of the health of individuals, or
(b)
the diagnosis, treatment or care of individuals who are sick, disabled or infirm, and
who is registered or licensed under an Act of the Province of New Brunswick with respect to the provision of the services and includes a social worker registered under the
New Brunswick Association of Social Workers Act, 1988.
“incapacity” , in relation to a member, means that the member is suffering from a mental or physical condition or disorder, emotional disturbance or alcohol or drug abuse that makes it desirable in the interest of the public that the member no longer be permitted to practice or that the member’s practice be restricted.(incapacité)
“incompetence” , in relation to a member, means that the member’s professional care of a patient displays a lack of knowledge, skill or judgment, or disregard for the welfare of the patient of a nature or to an extent that demonstrates the member is unfit to continue to practice or that the member’s practice should be restricted.(incompétence)
“member” , unless the context otherwise requires, means a person whose name is recorded in the register and for the purposes of disciplinary action and any investigations under this Act, includes a person whose registration is suspended or revoked or whose registration has expired or a member who has resigned.(membre)
“midwife” , unless the context otherwise requires, means a person registered as a midwife under this Act.(sage-femme)
“Minister” means the Minister of Health.(ministre)
“patient” includes a client.(patiente)
“professional misconduct” means such conduct, attitude or acts relevant to the profession that, having regard to all the circumstances, would reasonably be regarded as disgraceful, dishonourable or unprofessional and, without limiting the generality of the foregoing, includes
(faute professionnelle)
(a)
failing to maintain the standards of midwifery practice,
(b)
failing to uphold the code of ethics adopted by the Council,
(c)
abusing a person verbally, physically, emotionally or sexually,
(d)
misappropriating personal property, drugs or other property belonging to a patient or a member’s employer,
(e)
inappropriately influencing a patient to make or change a will or power of attorney,
(f)
wrongfully abandoning a patient,
(g)
neglecting to provide care to a patient,
(h)
failing to exercise discretion in respect of the disclosure of confidential information,
(j)
inappropriately using professional midwifery status for personal gain,
(k)
promoting for personal gain any drug, device, treatment, procedure, product or service that is unnecessary, ineffective or unsafe,
(l)
publishing, or causing to be published, any advertisement that is false, fraudulent, deceptive or misleading, or
(m)
engaging or assisting in fraud, misrepresentation, deception or concealment of a material fact when applying for or securing registration to practise midwifery or taking any examination provided for under the Act, including using fraudulently procured credentials.
“register” means the register kept pursuant to section 20.(tableau)
“Registrar” means the person holding the office of Registrar under section 18.(registraire)