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Medical, Dental and Scientific Staff (General) Bylaws

made under Section 24 of the

Health Authorities Act

S.N.S. 2000, c. 6

and

under Section 6 of the

Hospitals Act

R.S.N.S. 1989, c. 208

N.S. Reg. 305/2007 (June 12, 2007)

 

1     Title

       1.1       These are the Medical, Dental and Scientific Staff Bylaws (General) for the Izaak Walton Killam Health Centre, hereafter referred to as the IWK Health Centre or Health Centre.

 

2     Definitions

       2.1       In these Medical, Dental and Scientific Staff Bylaws (General)

 

                   2.1.1       Act means the Izaak Walton Killam Health Centre Act, Chapter 26 of the Statutes of Nova Scotia, 1996, and as amended or replaced from time to time.

 

                   2.1.2       Board means the Board of Directors of the IWK Health Centre.

 

                   2.1.3       Bylaws means these Medical, Dental and Scientific Staff Bylaws (General), the Medical, Dental and Scientific Staff Bylaws (Credentialing/Disciplinary) and the IWK Health Centre Corporate Bylaws.

 

                   2.1.4       Bylaws (Credentialing/Disciplinary) means the IWK Health Centre Medical, Dental and Scientific Staff Bylaws (Credentialing/Disciplinary).

 

                   2.1.5       Bylaws (General) means these IWK Health Centre Medical, Dental and Scientific Staff Bylaws (General).

 

                   2.1.6       Chief means the Chief of a Department of the IWK Health Centre.

 

                   2.1.7       Chief Executive Officer, abbreviated as CEO, means the person appointed by the Board to be the President and Chief Executive Officer of the IWK Health Centre who is responsible for the administration and management of the IWK Health Centre.

 

                   2.1.8       Corporate Bylaws means the IWK Health Centre Corporate Bylaws.

 

                   2.1.9       Credentials Committee means the committee of the MAC acting as the Credentials Committee for the purposes of the Bylaws, comprised of the membership as set out in the Bylaws (Credentialing/Disciplinary).

 

                   2.1.10     Dental Student means a student registered in one of the academic years of the Dalhousie University Dental Faculty’s program leading to a DDS or DMD degree, or other program as delineated by the Faculty of Dentistry.

 

                   2.1.11     Department means a Department of the IWK Health Centre more particularly referred to in Article 8.

 

                   2.1.12     Division means a sub-unit of a Department.

 

                   2.1.13     Head means the Head of a Division within a Department of the IWK Health Centre.

 

                   2.1.14     Health Centre means the IWK Health Centre.

 

                   2.1.15     MDSS Rules and Regulations means rules and regulations made by the MDSS Organization with respect to the governance and internal operations of the MDSS Organization.

 

                   2.1.16     Medical Advisory Committee, abbreviated as MAC, means the committee established by the Board to act as the MAC for the purposes of the Bylaws, and is comprised of the membership set out in the Bylaws (Credentialing/Disciplinary).

 

 

                   2.1.17     Medical, Dental and Scientific Staff, abbreviated as MDSS, means those physicians, dentists and scientists who are licensed under the Medical Act and Dental Act, if applicable, and have privileges or who are otherwise permitted to practice within the Health Centre as more particularly set out in these Bylaws, the Bylaws (Credentialing/Disciplinary) and the MDSS Rules and Regulations.

 

                   2.1.18     Medical, Dental and Scientific Staff Executive, abbreviated as MDSS Executive, means the Executive of the Medical, Dental and Scientific Staff Organization, elected in accordance with the MDSS Rules and Regulations.

 

                   2.1.19     Medical, Dental and Scientific Staff Organization means the entity established pursuant to Article 9.2 of these Bylaws to represent the the Medical, Dental and Scientific Staff.

 

                   2.1.20     Medical Student means a student registered in one of the academic years of the Dalhousie University Faculty of Medicine’s program leading to a MD degree.

 

                   2.1.21     Member means a Member of the Medical, Dental and Scientific Staff of the IWK Health Centre.

 

                   2.1.22     Program Director means a person appointed by a University Department Head to supervise the activities of Residents.

 

                   2.1.23     Resident means an individual registered in one of Dalhousie University’s approved graduate or postgraduate programs accredited by the Royal College of Physicians and Surgeons of Canada, the College of Family Physicians of Canada or the Canadian Dental Association Commission on Dental Accreditation.

 

                   2.1.24     Rules and Regulations means any Rules and Regulations approved by the Board pursuant to the Bylaws, and includes MDSS Rules and Regulations approved by the MDSS Executive unless the context otherwise requires.

 

                   2.1.25     University means Dalhousie University.

 

                   2.1.26     University-Health Centre Affiliation Agreement refers to the agreement between Dalhousie University Faculties of Medicine or Dentistry and the IWK Health Centre with respect to physician or dentist appointments. The University-Health Centre Affiliation Agreement shall, to the extent possible, be interpreted in a consistent manner with the Bylaws.

 

3     Purpose

       3.1       These Medical, Dental and Scientific Staff Bylaws (General), as well as the Medical, Dental and Scientific Staff Bylaws (Credentialing/Disciplinary), together with the Rules and Regulations are developed and enacted in order to:

 

                   3.1.1       ensure that all patients admitted to the IWK Health Centre or treated in the ambulatory care facilities or programs/services of the IWK Health Centre receive a standard of care that is family-centered and appropriate to health centres of similar size and type as determined by the IWK Board of Directors.

 

                   3.1.2       enable the Members of the Medical, Dental and Scientific Staff to provide input into the planning, policy setting and decision-making of the Board.

 

                   3.1.3       ensure that the processes for appointment, credentialing and discipline of the Medical, Dental and Scientific Staff are fair and consistent with a standard of care appropriate to academic health centres of similar size and type.

 

                   3.1.4       provide a means of effective and timely communication of the Medical, Dental and Scientific Staff with the Board and administration of the IWK Health Centre.

 

                   3.1.5       fulfill Medical, Dental and Scientific Staff obligations to provide instruction and to maintain educational standards for physicians, dentists and scientists in training as required to maintain a high quality of clinical care.

 

                   3.1.6       ensure Medical, Dental and Scientific Staff adhere to policies of the IWK Health Centre which have general application.

 

                   3.1.7       ensure the Medical, Dental and Scientific Staff Organization is provided opportunity for appropriate consultation during development of future policies.

 

4     Organization

       4.1       The Medical, Dental and Scientific Staff shall be organized as provided in these Bylaws (General), the Bylaws (Credentialing/Disciplinary), and the Rules and Regulations.

 

       4.2       No Member of the Medical, Dental and Scientific Staff is authorized to admit or provide any service to a patient, teach authorized students or conduct research at the IWK Health Centre unless that Member holds an appointment to the Medical, Dental and Scientific Staff which includes privileges so to do.

 

       4.3       Where the Staff category previously held by a physician, dentist or scientist is no longer in effect under these Bylaws, the Board, after consultation with the Chair of the Credentials Committee and the appropriate Department Chief, shall reassign that physician, dentist or scientist to the applicable staff category and inform the physician, dentist or scientist of such reassignment.

 

5     Medical, Dental and Scientific Staff

       5.1       The categories of appointment within the IWK Health Centre shall be as set out in the Bylaws (Credentialing/Disciplinary).

 

       5.2       The process for appointing persons to any of the categories of membership within the IWK Health Centre, including the criteria for entry in each category of membership shall be set out in the Bylaws (Credentialing/Disciplinary).

 

       5.3       Active Staff:

                   5.3.1       Members of the Active Staff shall attend Medical, Dental and Scientific Staff Organization Meetings as set out in the MDSS Rules and Regulations.

 

                   5.3.2       Members of the Active Staff have the right to vote at meetings of the Medical, Dental and Scientific Staff Organization.

 

                   5.3.3       Members of the Active Staff shall pay such Medical, Dental and Scientific Staff Organization dues, if any, as are stipulated by the MDSS Executive and are set out in the MDSS Rules and Regulations.

 

5.4  Consulting Staff:

                   5.4.1       Members of the Consulting Staff may attend Medical, Dental and Scientific Staff Organization meetings but shall not vote at such meetings.

 

                   5.4.2       Members of the Consulting Staff shall pay such dues, if any, as are stipulated by the MDSS Executive and in accordance with the MDSS Rules and Regulations.

 

       5.5       Courtesy Staff:

                   5.5.1       Members of the Courtesy Staff shall attend a minimum number of Medical, Dental and Scientific Staff Organization meetings, as stipulated in the MDSS Rules and Regulations, but shall not vote at such meetings, unless otherwise authorized pursuant to the MDSS Rules and Regulations.

 

                   5.5.2       Members of the Courtesy Staff shall pay such dues, if any, as are stipulated by the MDSS Executive and in accordance with the MDSS Rules and Regulations.

 

       5.6       Clinical and Research Trainee Staff:

                   5.6.1       Clinical and Research Trainee Staff shall not attend Medical, Dental and Scientific Staff Organization meetings.

 

                   5.6.2       Members of the Clinical and Research Trainee Staff are not required to pay Staff dues.

 

       5.7       Clinical Associate Staff:

                   5.7.1       Members of the Clinical Associate Staff may attend Medical, Dental and Scientific Staff Organization meetings but are not eligible to vote at such meetings.

 

                   5.7.2       Members of the Clinical Associate Staff are not required to pay Staff dues.

 

       5.8       Scientific Staff:

                   5.8.1       Members of the Scientific Staff shall attend Medical, Dental and Scientific Staff Organization meetings as set out in the MDSS Rules and Regulations, and have the right to vote at such meetings.

 

                   5.8.2       Members of the Scientific Staff shall pay such Staff dues, if any, as are stipulated by the MDSS Executive and in accordance with the MDSS Rules and Regulations.

 

                   5.8.3       Members of the Scientific Staff shall not ordinarily be employees of the IWK Health Centre.

 

       5.9       Honorary Staff:

                   5.9.1       Honorary Staff Members may attend meetings of the Medical, Dental and Scientific Staff Organization, but shall not vote at such meetings.

 

                   5.9.2       Honorary Staff Members are not required to pay Staff dues.

 

       5.10     Locum Tenens:

                   5.10.1     Locum Tenens Staff shall not be eligible to attend, unless invited, Medical, Dental or Scientific Staff Committee meetings, shall not be eligible to vote at any Committees, Department or other Medical, Dental and Scientific Staff meetings, and shall not be eligible to be elected as a Member of the MDSS Executive, but Locum Tenens Staff may attend Medical, Dental and Scientific Staff Organization meetings.

 

                   5.10.2     Locum Tenens Staff shall pay such Staff dues, if any, as are stipulated by the MDSS Executive and in accordance with the MDSS Rules and Regulations.

 

       5.11     Visiting Consulting Staff:

                   5.11.1     Members of the Visiting Consulting Staff may not attend Medical, Dental and Scientific Staff Organization Meetings.

 

                   5.11.2     Members of the Visiting Consulting Staff are not required to pay dues.

 

       5.12     Attending Physician/Dentist or Scientist

                   5.12.1     Attending physician/dentist or scientist responsibilities shall be as outlined in the Rules and Regulations pursuant to these Bylaws.

 

                   5.12.2     Each Member of the Medical, Dental and Scientific Staff shall undertake duties as specified by the Chief of the Department or Head of the Division to which such Member is assigned.

 

                   5.12.3     Each attending physician/dentist or scientist who has teaching responsibilities shall provide instruction to other Members of the Medical, Dental and Scientific Staff, Medical/Dental Students and other learners as required by the Chief of the Department or Head of the Division to which such attending physician/dentist or scientist is assigned.

 

                   5.12.4     A Member of the Medical, Dental and Scientific Staff who is unable to perform his/her duties and responsibilities at the IWK Health Centre shall immediately notify the Chief of the appropriate Department or Head of the appropriate Division that he/she is unable to perform these duties. The notification to the Chief of the Department or Head of Division shall also indicate whether the inability to perform duties is likely to be long term.

 

       5.13     Residents

                   5.13.1     Medical/Dental Students/Residents shall not be Members of the Medical, Dental and Scientific Staff Organization.

 

                   5.13.2     Medical/Dental Students and Residents shall be assigned to an appropriate Department defined in the Rules and Regulations.

 

                   5.13.3     Medical/Dental Students and Residents shall have an Undergraduate/Postgraduate appointment at the University Faculty of Medicine or Faculty of Dentistry. Elective students and residents who are not appointed to training programs at the University must be registered with the Dean’s office of the Dalhousie Faculty of Medicine or Dentistry as applicable.

 

                   5.13.4     Each Medical/Dental Student and Resident shall be under the supervision of the appropriate Department Chief, Division Head or Post-graduate Residency Training Program Director (where such a position exists).

 

                   5.13.5     The nature, extent and number of responsibilities, including patient care responsibilities, assigned to a Medical/Dental Student or Resident by the above at any given time shall be commensurate with the Medical/Dental Student’s or Resident’s demonstrated level of skill, the educational objectives established for the rotation or unit in the relevant clinical area from time to time, and the limits and privileges of the Medical/Dental license held by the Medical/Dental Student or Resident at the relevant time.

 

6     Vice-president, Medicine

       6.1       The Vice-President, Medicine is appointed by the CEO and is responsible to the Board through the CEO.

 

       6.2       The Vice-President, Medicine shall be an ex-officio, non-voting member of the Medical, Dental and Scientific Staff Organization unless otherwise eligible to be a Member of the Medical, Dental and Scientific Staff.

 

       6.3       The duties of the Vice-President, Medicine include:

 

                   6.3.1       implementing and maintaining appropriate measures to ensure that the quality of services offered by all members is evaluated on a regular basis and that corrective actions are taken when problems are identified;

 

                   6.3.2       monitoring members’ practices to ensure compliance with these Bylaws, the Rules and Regulations and procedures and policies established by the Board;

 

                   6.3.3       encouraging the participation of members in appropriate continuing education;

 

                   6.3.4       implementing and maintaining appropriate measures for reviewing and managing the use of resources by members;

 

                   6.3.5       monitoring and advising the Board on the processes used to appoint members and assess their performance;

 

                   6.3.6       reporting to the CEO and to the Board on any issues relevant to the MDSS;

 

                   6.3.7       participating on pertinent medical, administrative and Board committees;

 

                   6.3.8       performing those functions specifically assigned to the Vice President, Medicine in the Bylaws; and

 

                   6.3.9       carrying out such other functions as assigned by the CEO.

 

7     IWK Health Centre MAC

       7.1       The IWK Health Centre Medical Advisory Committee is established to advise the Board on matters having an impact upon or otherwise involving medical, dental and scientific affairs whether such impact or involvement is direct or indirect and is accountable directly to the Board.

 

       7.2       The terms of reference of the Medical Advisory Committee shall be approved by the Board.

 

       7.3       The composition of the Medical Advisory Committee is as set out in the Bylaws (Credentialing/Disciplinary).

 

       7.4       The members of the Medical Advisory Committee shall elect the Chair of the Medical Advisory Committee in accordance with the provisions of the Bylaws (Credentialing/Disciplinary). The Chair of the Medical Advisory Committee shall report directly to the Board.

 

8     Departments and Divisions

       8.1       The Board, after seeking advice from the CEO and the Chief of the corresponding Department, the IWK Health Centre MAC and the Dean of the Faculty of Medicine or Dentistry, as applicable, may create or dissolve an IWK Health Centre Division or Department. The Departments shall be those as set out in the Rules and Regulations made pursuant to these Bylaws.

 

       8.2       Members of the Medical, Dental and Scientific Staff shall be assigned individually to an appropriate Department by the Privileges Review Committee constituted pursuant to the Bylaws (Credentialing/ Disciplinary) as part of the credentialing process pursuant to the Bylaws (Credentialing/ Disciplinary), and, if appropriate, members shall also be assigned through the same process to a Division.

 

       8.3       Members of the Medical, Dental and Scientific Staff shall undertake their activities in accordance with the policies and procedures developed by the Department and the Division, if applicable, to which they have been assigned.

 

       8.4       Chiefs of Departments:

 

                   8.4.1       Each Department shall have a Chief of Department appointed by the Board who may, but need not be the same person as the University Head of the Department. When the University Head is primarily based at the IWK Health Centre, then she/he would ordinarily be the Chief of the IWK Health Centre Department.

 

                   8.4.2       If the Chief of the Department is also Head of the corresponding University Department:

 

                                  8.4.2.1       the Chief of the Department shall have an academic appointment in the appropriate University Department and such appointment process shall be included in the University-Health Centre Affiliation Agreement;

 

                                  8.4.2.2       when a vacancy exists for the position of Chief of a Department, a survey and search committee shall be constituted by the CEO. In the circumstance where a Chief is not immediately appointed, the Acting Chief shall be the Associate Chief of the Department involved. If the Associate Chief is unable to assume the functions of the Acting Chief, or if there is no Associate Chief appointed, an Acting Chief shall be recommended by the CEO in consultation with Department members and the Dean of Medicine or Dentistry as applicable, and with approval by the Board and for a period not to exceed that determined by the Board;

 

                                  8.4.2.3       the preferred candidate shall be reviewed for eligibility to be appointed to the Medical, Dental and Scientific Staff if she/he is not already a Member of the Medical, Dental and Scientific Active Staff, prior to submitting the recommendation to the Board;

 

                                  8.4.2.4       the Chief of a Department shall ordinarily be appointed for a five (5) year term. The Chief may be reappointed for an additional five (5) year term, subject to a favorable report and recommendation of a survey committee which shall include, at minimum, representation from the IWK Health Centre, representation from Members of the Medical, Dental and Scientific Staff (not to include members of the Department in question with the exception of those who hold cross appointments in other Departments), an external reviewer if deemed necessary by the Committee, and a Chair chosen from among the Committee members. The Chief of Department is not usually reappointed for a third term, but under unusual circumstances, when there are exceptional and compelling reasons, a third term may be granted to the Chief of the Department upon the recommendation of a duly constituted survey and search committee and with approval of the Board.

 

                   8.4.3       If the Chief of the Department is not also Head of the appropriate University Department:

 

                                  8.4.3.1       the Chief of the Department shall have an academic appointment in the appropriate University Department and such appointment process shall be included in the University-Health Centre Affiliation Agreement;

 

                                  8.4.3.2       the Chief of a Department shall ordinarily be appointed for a five (5) year term. The Chief may be reappointed for an additional five (5) year term, subject to a favorable report and recommendation of a survey and search committee. The survey and search committee established by the CEO shall include the Head of the University Department, the Chair of MAC or designate from MAC, the CEO or designate, the Vice-President, Medicine, a nominee of the Dean of Medicine or the Dean of Dentistry, as appropriate, and two nominees from the Medical, Dental and Scientific Staff Organization. The Chief of Department is not usually reappointed for a third term but under unusual circumstances when there are exceptional and compelling reasons, a third term may be granted to the Chief of the Department upon the recommendation of a duly constituted survey and search committee and with approval of the Board;

 

                                  8.4.3.3       the preferred candidate shall be reviewed for eligibility to be appointed to the Medical, Dental and Scientific Staff, if she/he is not already a Member of the Medical, Dental and Scientific Active Staff, prior to submitting the recommendation to the Board;

 

                                  8.4.3.4       when a vacancy exists for the position of Chief of a Department, a survey and search committee shall be constituted by the CEO. In the circumstance where a Chief is not immediately appointed, the Acting Chief shall be the Associate Chief of the Department involved. If the Associate Chief is unable to assume the functions of the Acting Chief, or there is no Associate Chief appointed, an Acting Chief shall be recommended by the CEO in consultation with Department Members and with approval by the Board and for a period not to exceed that determined by the Board.

 

       8.5       Duties, responsibilities, authorities and accountabilities of IWK Health Centre Chiefs of Departments:

 

The Chief of a Department shall:

 

                   8.5.1       be directly responsible to the CEO or designate and, through her/him, to the Board of the IWK Health Centre;

 

                   8.5.2       have the authority and responsibility for the general supervision of the medical/dental/scientific care of the patients treated by Department Members and the Medical/Dental Students or Residents under the guidance of Members of the Department to ensure acceptable quality of care;

 

                   8.5.3       be responsible for the medical/dental/scientific administration and functioning of the Department:

 

                                  8.5.3.1       upon receipt of notification that a Member of the Department or a Division of the Department is unable to perform her/his duties, shall ensure that arrangements are made for proper care of the patients affected by that Member’s inability to perform her/his duties;

 

                                  8.5.3.2       make necessary arrangements to replace the attending physician/dentist unable to perform her/his duties and this replacement physician/dentist shall be identified on the patients’ Health Record;

 

                                  8.5.3.3       be responsible for taking steps to suspend temporarily the privileges of any Department Member under the circumstances and utilizing the processes set out in the Bylaws (Credentialing/Disciplinary). When affecting a patient(s), these actions shall also include:

 

                                                    8.5.3.3.1    discussing the condition, diagnosis, care and treatment of the patient(s) with the Member being suspended and with the patient’s(s’) attending physician/dentist (if this is a different person);

 

                                                    8.5.3.3.2    if changes in diagnosis, care or treatment satisfactory to the Chief of the Department are not promptly made, assumption by the Chief of the Department of the responsibilities of the Member being suspended or, if appropriate, assignment by the Chief of the Department of such responsibilities to another Member of the Department; and

 

                                                    8.5.3.3.3    when the Chief of the Department is unable to discuss the problem with the suspended Member, she/he shall proceed as if she/he had spoken with the member.

 

                                  8.5.3.4       when informed that the privileges of a Member of her/his Department has been suspended or altered in accordance with the Bylaws (Credentialing/Disciplinary) be responsible for implementing such changes;

 

                                  8.5.3.5       ensure the development of mechanisms for and exercise such authority as is necessary to ensure the quality of health care and safety of patients cared for through the Department;

 

                                  8.5.3.6       organize and implement processes for clinical review within the Department;

 

                                  8.5.3.7       ensure the development of mechanisms to maintain and enforce professional standards in the Department;

 

                                  8.5.3.8       be responsible for the ethical conduct and professional practice of the Department Members.

 

                   8.5.4       facilitate and support teaching and research within the Department;

 

                   8.5.5       be responsible to the IWK Health Centre and the Head of the University Department for the supervision, control and education of students assigned to the Department;

 

                   8.5.6       establish a process of and encourage continuing education within the Department;

 

                   8.5.7       ensure Department Members are informed about and ensure compliance with the Bylaws, Rules and Regulations, and policies;

 

                   8.5.8       implement any medical care policies and procedures applicable to the Department;

 

                   8.5.9       review annually the professional conduct, competence, performance and qualifications of Members of the Department for the purpose of making recommendations to the Credentials Committee for reappointments;

 

                   8.5.10     report to the Credentials Committee any requests for a change of privileges by any Member of the Department;

 

                   8.5.11     report to the Vice-President, Medicine any disciplinary actions in progress affecting any Member of the Department and, when requested, report on the conduct or professional performance of a Department Member;

 

                   8.5.12     in accordance with the IWK Health Centre’s requirements and processes, if any, submit a Departmental budget;

 

                   8.5.13     ensure an appropriate orientation of new Members of the Medical, Dental and Scientific Staff appointed to the Department;

 

                   8.5.14     hold and chair regular Department meetings and cause attendance to be recorded and minutes to be taken;

 

                   8.5.15     receive recommendations concerning medical care policies and procedures;

 

                   8.5.16     submit annually a report of the Department functioning;

 

                   8.5.17     be a Member of MAC and as such:

 

                                  8.5.17.1     advise on the quality of care and treatment provided to patients, including reporting of violations of the IWK Health Centre policies which jeopardize safety or the efficient conduct of IWK Health Centre business and advise what actions are being taken to prevent recurrence;

 

                                  8.5.17.2     participate in the development of the IWK Health Centre’s overall objectives, planning and resource allocation and utilization;

 

                                  8.5.17.3     make recommendations regarding medical/dental/scientific human resource requirements of the Department, following consultation with the Medical, Dental and Scientific Staff of the Department, the Vice-President, Medicine and, where appropriate, Heads of Divisions;

 

                                  8.5.17.4     report on activities of the Department, including utilization of resources.

 

                   8.5.18     notify the CEO or designate and assign an alternate from within the Department to act as her/his delegate when absent from the IWK Health Centre;

 

                   8.5.19     participate in the development of the Department’s mission, objectives and strategic plans;

 

                   8.5.20     participate in the IWK Health Centre’s strategic planning and the Department’s resource allocation decisions;

 

                   8.5.21     implement and maintain appropriate measures for reviewing and managing the use of resources by Members;

 

                   8.5.22     delegate appropriate responsibilities to the Heads of Division (where they exist) within the Department;

 

                   8.5.23     have the authority to appoint a Chair and Members of any committees within the Department necessary to carry out the functions of the Department.

 

       8.6       Duties, responsibilities, authorities and accountabilities of IWK Health Centre Associate Chiefs of Departments:

 

The Associate Chief of a Department shall:

 

                   8.6.1       be appointed by the Board within 12 weeks of the appointment of a Department Chief, after receiving a recommendation from the Department Chief and following consultation with the CEO;

 

                   8.6.2       assist the Chief of the Department in the execution of her/his duties and shall ordinarily assume the duties and responsibilities of the Chief of the Department in her/his absence.

 

       8.7       The Head of a Division shall:

 

                   8.7.1       be a Member of the Active Staff of that Department;

 

                   8.7.2       serve for a five (5) year term and may be reappointed for one further term, not to exceed five (5) years, by the Chief of the Department of which the Division forms a part. Under the direction of the Chief of the Department, a review of the Division Head and the Division shall be conducted every five (5) years. The Head of a Division is not usually reappointed for a third term but under unusual circumstances when there are exceptional and compelling reasons, a third term may be granted to the Head of the Division upon the recommendation of the Chief of the Department and the Executive Committee and with approval of the Board;

 

                   8.7.3       be appointed by the Chief of the Department of which the Division forms a part;

 

                   8.7.4       perform such duties as determined by the Chief of the corresponding Department, including the following:

 

                                  8.7.4.1       be responsible to the Chief of the Department of which the Division forms a part for proper organization and administration of the Division and the enforcement within the Division of the Bylaws (General) and Bylaws (Credentialing/ Disciplinary), the Rules and Regulations and Department policies and procedures and shall have the authority required to carry out these responsibilities;

 

                                  8.7.4.2       report and be responsible to the Chief of the Department of which the Division forms a part for the quality of care, research and teaching in the Division and to notify the appropriate Department Chief of patients who are not receiving appropriate care after discussing the patient with the attending physician:

 

                                                    8.7.4.2.1    the Head of the Division upon receipt of notification that a Member of the Division is unable to perform her/his duties shall ensure that arrangements are made for proper care of the patients affected by the Member’s inability to perform her/his duties.

 

                                  8.7.4.3       liaise with the appropriate University Department Head with respect to the academic activities within the Division;

 

                                  8.7.4.4       encourage continuing medical education;

 

                                  8.7.4.5       ensure that Members of the Division shall meet regularly and shall keep the Department Chief informed of the functioning of the Division.

 

9     Medical, Dental and Scientific Staff Organization

       9.1       Physicians, dentists and scientists who have been appointed to the Medical, Dental and Scientific Staff, shall, regardless of category, constitute the members of the Medical, Dental and Scientific Staff Organization.

 

       9.2       The Medical, Dental and Scientific Staff Organization is hereby constituted to represent the Medical, Dental and Scientific Staff, and to facilitate and encourage, to the extent that is reasonably possible, the fulfilment and discharge of collective responsibilities of the Medical, Dental and Scientific Staff in the Bylaws and the Rules and Regulations.

 

       9.3       The Medical, Dental and Scientific Staff Organization shall develop MDSS Rules and Regulations that are not inconsistent with the Bylaws or the Rules and Regulations made pursuant to the Bylaws, which MDSS Rules and Regulations shall form the governance documents of the MDSS Organization.

 

       9.4       The MDSS Executive shall:

 

                   9.4.1       be elected or appointed in the manner prescribed in the MDSS Rules and Regulations and shall include a President and a Vice-President;

 

                   9.4.2       assist in dealing with conflicts within the Medical, Dental and Scientific Staff;

 

                   9.4.3       carry out such functions as assigned in the Bylaws and the Rules and Regulations;

 

                   9.4.4       conduct the business of the Medical, Dental and Scientific Staff Organization between regular meetings.

 

       9.5       At the time of the coming into force of these Bylaws, the MDSS Executive in place at such time shall continue as the MDSS Executive until a new Executive is elected pursuant to the MDSS Rules and Regulations.

 

       9.6       The MDSS Executive in place at the time of the coming into force of these Bylaws shall develop the MDSS Rules and Regulations for approval by the Medical, Dental and Scientific Staff at a meeting to be called within three months of the passage of these Bylaws.

 

10   Leave of Absence

       10.1     A Member of Medical, Dental and Scientific Staff who proposes to take a leave of absence exceeding sixteen (16) consecutive weeks, through the Chief of the appropriate Department shall apply for a Leave of Absence in writing to the CEO (on behalf of the Board) and stating the duration and purpose of the proposed absence;

 

       10.2     The CEO (on behalf of the Board), on the advice of the applicable Department Chief and the Credentials Committee may grant a Leave of Absence from the Medical, Dental and Scientific Staff for periods up to one (1) year;

 

       10.3     The Member may, at the end of the leave, apply for an extension for a period not to exceed one (1) year and the total continuous amount of time to be granted through such leaves cannot exceed two (2) years without the Member being required to submit a new application for appointment to Medical, Dental and Scientific Staff;

 

       10.4     The Member on leave will be required to keep the Member’s file current during the leave as delineated in the Bylaws (Credentialing/Discipline [Disciplinary]) and the Rules and Regulations relating to reappointments.

 

11   Ethics and Ethical Relationships

       11.1     The Codes of Ethics adopted by the Canadian Medical Association and the Royal College of Physicians and Surgeons of Canada, as in force, amended or replaced from time to time, shall govern the professional conduct of all physicians who are Members of the Medical Staff. The Codes of Ethics adopted by the Canadian Dental Association and the Royal College of Dentists of Canada, as in force, amended or replaced from time to time, shall govern the professional conduct of all dentists who are Members of the Dental Staff. Members of the Scientific Staff shall be governed by such code(s) of ethics as exist and pertain to their field, as in force, amended or replaced from time to time, and by the latest national standards or codes governing research on humans, as in force, amended or replaced from time to time.

 

       11.2     All Members of the Medical, Dental and Scientific Staff shall practice in a manner consistent with the laws of Canada and of the Province of Nova Scotia and with the values and guiding principles in keeping with an academic, family-centered health centre of similar size and type to the IWK Health Centre.

 

12   Amendments

       12.1     Amendments to these Bylaws may be proposed by and shall be processed in accordance with the procedures set out in the Corporate Bylaws.

 

       12.2     Amendments to the MDSS Rules and Regulations may be proposed by and shall be processed in accordance with the procedures set out in the MDSS Rules and Regulations.

 

13   Rules and Regulations Pursuant to These Bylaws

       13.1     The Board may approve Rules and Regulations pursuant to these Bylaws.

 

14   Effect of Other Bylaws

       14.1     These Bylaws shall be read in conjunction with the IWK Health Centre Medical, Dental and Scientific Staff Bylaws (Credentialing/Disciplinary) and the Corporate Bylaws. Any term used but not defined in these Bylaws, but is defined in the IWK Health Centre Medical, Dental and Scientific Staff Bylaws (Credentialing/Disciplinary) or the Corporate Bylaws shall have the meaning given to such term in those Bylaws.

 

15   Delegation by CEO

       15.1     In the carrying out of any functions assigned to the CEO in these Bylaws, the CEO may designate a person to act in the place of the CEO.