1994 Legislative Session: 3rd Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE PAUL RAMSEY
MINISTER OF HEALTH AND MINISTER
RESPONSIBLE FOR SENIORS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Medical Practitioners Act, R.S.B.C. 1979, c. 254, is amended by adding the following definitions:
"member" means a member as defined in section 3 and, for the purposes of sections 19.1, 25.1 and 50 to 53, includes a former member;
"sexual misconduct review committee" means the sexual misconduct review committee appointed under section 25.1;
"special deputy registrar" means the special deputy registrar appointed under section 19.1 and includes a deputy registrar on whom the powers or duties of the special deputy registrar are conferred under section 19.
2 Section 4 is amended
(a) in subsection (2) by striking out "and" at the end of paragraph (j) and by adding the following paragraphs:
(j.1) respecting the procedures for the conduct of an investigation under section 19.1;
(j.2) setting the maximum amount under section 51 (3) (d);
(j.3) establishing the obligations that a member of the college who is under suspension from practice must discharge
(i) in referring patients to another member of the college,
(ii) in allowing another member of the college to use the suspended member's medical premises,
(iii) to refrain from deriving an income from the member's medical practice, or from the use by another member of the suspended member's medical premises, for the period of the suspension,
(iv) to give proper notice of the suspension to patients, or persons that might wish to become patients, or
(v) to cease during the suspension to be held out as a member of the college; and , and
(b) by adding the following subsection:
(5) A rule under subsection (2) has no effect until it is approved by the Lieutenant Governor in Council.
3 Section 5 is amended
(a) in subsection (1) (a) by striking out "11" and substituting "10", and
(b) in subsection (1.1) by striking out "16" and substituting "15".
4 Section 7 is amended by striking out "(4 elected members)" and substituting "(3 elected members)".
5 The following section is added:
19.1 (1) The council must designate a person appointed under section 19 (3) as the special deputy registrar.
(2) The special deputy registrar must
(a) receive and investigate complaints of sexual misconduct made to the college,
(b) on completion of an investigation of a complaint of sexual misconduct, review the findings of the investigation and recommend the action the sexual misconduct review committee should take under section 25.1 (2) (d), and
(c) perform other duties as directed by the sexual misconduct review committee or the registrar.
(3) With the prior approval of the sexual misconduct review committee, the special deputy registrar may authorize an inspector to complete an investigation under this section under the supervision of the special deputy registrar.
(4) The special deputy registrar may attempt to resolve a complaint of sexual misconduct informally if the complainant consents and
(a) the circumstances warrant informal resolution of the complaint in the opinion of the special deputy registrar, or
(b) a direction has been made under section 25.1 (2) (d) (ii) to make the attempt.
6 Section 25 is amended
(a) in subsection (1) by striking out "5" and substituting "6", and
(b) by adding the following subsection:
(1.1) Two members of the executive committee must be persons appointed under section 5 (1) (b).
7 The following section is added:
25.1 (1) The council must appoint a sexual misconduct review committee composed of at least 3 persons, at least 1/3 of whom must be persons appointed under section 5 (1) (b).
(2) The sexual misconduct review committee must
(a) establish and maintain the procedures by which the college deals with complaints of sexual misconduct it receives,
(b) establish the patient relations program referred to in section 2.1 (2) (f),
(c) develop and coordinate, for the college, educational programs on sexual misconduct for members and the public,
(d) consider the recommendations made under section 19.1 by the special deputy registrar at the conclusion of an investigation and, as circumstances require, must
(i) direct the special deputy registrar to have a further investigation conducted under section 19.1 into the complaint,
(ii) direct the special deputy registrar to attempt to resolve the complaint informally,
(iii) appoint an investigating committee to act under section 48,
(iv) appoint an inquiry committee to act under section 50 and 51, or
(v) take no further action in the matter at that time, and
(e) monitor and periodically evaluate the operation of the procedures established under paragraph (a).
(3) If a member of the sexual misconduct review committee has received under subsection (2) recommendations made under section 19.1 concerning a complaint, the member must not participate in any proceeding under section 48, 50, 51 or 62 that may arise from that complaint.
8 Section 50 is amended by adding the following subsection:
(3.1) An inquiry committee must include at least
(a) one person appointed under section 5 (1) (b), or
(b) if the appointment of the inquiry committee would be unreasonably delayed because a person appointed under section 5 (1) (b) is not available to serve on the inquiry committee, one person selected from a list of persons approved by the minister.
9 Section 51 is amended
(a) in subsection (3) (d) by striking out "$20 000" and substituting "an amount set by rule under section 4", and
(b) by adding the following subsection:
(6) If an inquiry committee reports under subsection (1) a finding that sexual misconduct has occurred, the council must act under subsection (3) (a) and (b) in addition to any other action the council may take under subsection (3).
10 Section 52 is repealed.
11 The following section is added:
56.1 (1) If a member has reasonable grounds to believe another member has engaged in sexual misconduct, the member must report the circumstances in writing to the special deputy registrar.
(2) Despite subsection (1), if the belief of a member concerning sexual misconduct is based on information stated or given in writing by the member's patient, the consent of
(a) the patient, or
(b) if the patient is not competent to consent to treatment, a parent, guardian or committee of the patient must be obtained before the report is made.
12 Section 61 is amended
(a) by repealing subsection (1) and substituting the following:
(1) No action for damages lies or may be brought because of anything done or omitted in good faith in the performance or purported performance of any duty, or in the exercise or purported exercise of any power, under this Act by the college, the registrar, a deputy registrar, the special deputy registrar, an employee of the college, a member of the council, the executive committee or a committee appointed under this Act.
(1.1) No action for damages lies or may be brought against a person for making a report to the college in good faith concerning the conduct, mental condition, capability or fitness to practise of any member or former member.
(1.2) No action for damages lies or may be brought for anything done or omitted in good faith as a member or officer of the college or as a member of a patterns of practice committee, a peer review committee, a hospital or laboratory accreditation committee or another body to which the member or officer is nominated or appointed by the college or which functions, with the approval of the college, to improve health care or services in British Columbia.
(1.3) No action for damages lies or may be brought for anything done or omitted in good faith as a person who provides a service under the direction of a member or officer of the college to a committee or other body referred to in subsection (1.2).
(1.4) This section does not absolve the college from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force. , and
(b) by repealing subsection (4) and substituting the following:
(4) A person to whom subsection (3) applies, must not, insofar as the laws of British Columbia apply, give, or be compelled to give, evidence in a court or in proceedings of a judicial nature concerning knowledge gained in the exercise of a power or duty under sections 19.1, 25.1 or 48 to 57 except in a proceeding under this Act or the rules under section 4.
(4.1) The records of a person, to whom subsection (3) applies, are not compellable in a court or in proceedings of a judicial nature insofar as the laws of British Columbia apply except in a proceeding under this Act or the rules under section 4.
13 This Act comes into force by regulation of the Lieutenant Governor in Council.
SECTION 1: adds definitions of terms used in provisions of the Act governing the investigation and review of complaints of sexual misconduct.
SECTION 2: enlarges the power of the council of the College of Physicians and Surgeons of British Columbia to make rules, including rules to control the management and use of the assets of the medical practice of a member of the college under suspension.
SECTIONS 3 and 4: deal with the composition of and election to the council.
SECTION 5: establishes the office of special deputy registrar to deal with complaints of sexual misconduct.
SECTION 6: changes the composition of the executive committee of the council.
SECTION 7: establishes the sexual misconduct review committee and defines its role.
SECTION 8: deals with the composition of inquiry committees.
SECTION 9: allows the council to set the maximum fine that the council may impose on a member of the college for infamous or unprofessional conduct and also requires that a member of the college found guilty of sexual misconduct be suspended from practice.
SECTION 10: repeals section 52 of the Act as a consequence of the amendments in section 2 of this Bill.
SECTION 11: details the duty of a member to report to the special deputy registrar if the member has reasonable grounds to believe another member has engaged in sexual misconduct.
SECTION 12: enlarges the privacy and protection against civil liability provisions for officers and agents of the college.
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