190Disclosure of interests by committee members

190 Disclosure of interests by committee members (1) If a member of a committee to which this section applies has a material interest in an issue being considered, or about to be considered, by the committee, the member must disclose the nature of the interest at a committee meeting as soon as practicable after the relevant facts come to the member’s knowledge. Note 1 This section applies to a quality assurance committee (see s 32) and a scope of clinical practice committee (see s 61). Note 2 Material interest is defined in s (4). The definition of indirect interest in s (4) applies to the definition of material interest.

(2) The disclosure must be recorded in the committee’s minutes and, unless the committee otherwise decides, the member must not— (a) be present when the committee considers the issue; or (b) take part in a decision of the committee on the issue. Example Adam, Ben and Charlotte are members of a quality assurance committee. They have an interest in an issue being considered at a committee meeting and they disclose the interest as soon as they become aware of it. Adam’s and Ben’s interests are minor but Charlotte has a direct financial interest in the issue. The committee considers the disclosures and decides that because of the nature of the interests: • Adam may be present when the committee considers the issue but not take part in the decision • Ben may be present for the consideration and take part in the decision. The committee does not make a decision allowing Charlotte to be present or take part in the committee’s decision. Accordingly, since Charlotte has a material interest she cannot be present for the consideration of the issue or take part in the decision. (3) Any other committee member who also has a material interest in the issue must not be present when the committee is considering its decision under subsection (2). associate, of a person, means— (a) the person’s business partner; or (b) a close friend of the person; or (c) a family member of the person. executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation.

indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue: (a) an associate of the person; (b) a corporation if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation; (c) a subsidiary of a corporation mentioned in paragraph (b); (d) a corporation if the person, or an associate of the person, is an executive officer of the corporation; (e) the trustee of a trust if the person, or an associate of the person, is a beneficiary of the trust; (f) a member of a firm or partnership if the person, or an associate of the person, is a member of the firm or partnership; (g) someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business. material interest—a committee member has a material interest in an issue if the member has— (a) a direct or indirect financial interest in the issue; or (b) a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the committee’s consideration of the issue.