44 (1) Subsection (1.1) applies if, (a)  a board of a hospital determines that the hospital will cease to operate as a public hospital; (a.1)  the Minister responsible for the administration of the Connecting Care Act, 2019 has made an order under that Act that requires a hospital to cease to operate as a public hospital; (b)  Repealed: 2019, c. 5, Sched. 3, s. 19 (4). (c)  Repealed: 2019, c. 5, Sched. 3, s. 19 (5). (d)  Repealed: 2019, c. 5, Sched. 3, s. 19 (6). 2006, c. 4, s. 52 (13); 2019, c. 5, Sched. 3, s. 19 (3-6). Same (1.1) If one of the conditions set out in subsection (1) applies, the board of the hospital mentioned in that subsection may make any decision in the exercise of its powers under section 36 that the board considers necessary or advisable in order to implement the decision or requirement to cease to operate as a public hospital, including, (a)  refusing the application of any physician for appointment or reappointment to the medical staff or for a change in hospital privileges; (b)  revoking the appointment of any physician; and (c)  cancelling or substantially altering the privileges of any physician.  2006, c. 4, s. 52 (13); 2019, c. 5, Sched. 3, s. 19 (7). Ceasing to provide service (1.2) Subsection (2) applies if, (a)  a board of a hospital determines that the hospital will cease to provide a service; (a.1)  the Minister responsible for the administration of the Connecting Care Act, 2019 has made an order under that Act that requires a hospital to cease to provide a service; (b)  Repealed: 2019, c. 5, Sched. 3, s. 19 (9). (c)  Repealed: 2019, c. 5, Sched. 3, s. 19 (10). (d)  Repealed: 2019, c. 5, Sched. 3, s. 19 (11). 2006, c. 4, s. 52 (13); 2019, c. 5, Sched. 3, s. 19 (8-11). Same (2) If one of the conditions set out in subsection (1.2) applies, the board of the hospital mentioned in that subsection may make any of the following decisions that the board considers necessary or advisable in order to implement the decision or requirement to cease to provide a service: 1.  Refuse the application of any physician for appointment or reappointment to the medical staff of the hospital if the only hospital privileges to be attached to the appointment or reappointment relate to the provision of that service. 2.  Refuse the application of any physician for a change in hospital privileges if the only privileges to be changed relate to the provision of that service. 3.  Revoke the appointment of any physician if the only hospital privileges attached to the physician’s appointment relate to the provision of that service. 4.  Cancel or substantially alter the hospital privileges of any physician which relate to the provision of that service.  2006, c. 4, s. 52 (13); 2019, c. 5, Sched. 3, s. 19 (12). No hearing (3) The Board may make a decision under subsection (1) or (2) without holding a hearing unless a hearing is required by or under this Act.  1996, c. 1, Sched. F, s. 15. Non-application (4) Subsections 37 (3) to (7) and sections 38 to 43 do not apply where the board makes a decision under subsection (1) or (2).  1996, c. 1, Sched. F, s. 15. Protection from liability (5) No action or other proceeding for damages or otherwise shall be instituted against a corporation which owns or operates a hospital for any act done in good faith in the execution or intended execution by a board of its authority under subsection (1) or (2) or for any alleged neglect or default in the execution in good faith by a board of such authority.  1996, c. 1, Sched. F, s. 15. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 15 - 01/03/1996 2006, c. 4, s. 52 (13)
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