2001 Legislative Session: 5th Session, 36th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
MR. ORCHERTON
WHEREAS complementary medicine may improve the lives of British Columbians;
AND WHEREAS many medical practitioners recognize the value of complementary medicine;
AND WHEREAS many medical practitioners take an interest in and have knowledge of complementary medicine;
AND WHEREAS medical practitioners are prohibited by the College of Physicians and Surgeons of British Columbia from practising complementary medicine.
HER MAJESTY, by and with the 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. 1996, c. 285, is amended by adding the following definition:
"complementary medicine" means a broad domain of healing resources that encompasses all health systems, modalities and practices and their accompanying theories and beliefs, other than those intrinsic to the dominant health system; .
2 Section 5 is amended by adding the following subsection:
(1.1) Rules made under this section are subject to section 80 (2) and (3).
3 Section 34 is amended by adding the following subsection:
(1.1) A person seeking registration under this section must not be found to have failed to comply with the requirements of subsection (1) (b) by reason only that he or she supports complementary medicine or expresses a desire to use non-traditional therapies.
4 Section 51 is amended by adding the following subsection:
(1.1) An investigating committee may not be appointed under subsection (1) solely on the grounds that such a medical practitioner practises complementary medicine or uses non-traditional therapies.
5 Section 53 is amended by adding the following subsection:
(3.1) An inquiry committee appointed under subsection (3) to investigate a member of the college who practises complementary medicine or uses non-traditional therapies must include a representative of the Association of Complementary Physicians of British Columbia.
6 Section 60 is amended by adding the following subsection:
(1.1) An inquiry committee reporting under subsection (1) must not find that a complaint has been proven solely on the basis that the medical practitioner practises complementary medicine or uses non-traditional therapies.
7 Section 80 is amended by renumbering it as 80 (1) and adding the following subsections:
(2) The entitlement to practise medicine under subsection (1) includes the freedom to use complementary medicine or any diagnostic or therapeutic measure if, in the judgment of the medical practitioner, it offers the hope of saving life, alleviating suffering, or improving health.
(3) A medical practitioner shall not be found guilty of unprofessional conduct or be found to be incapable or unfit to practise medicine or osteopathy solely on the basis that the registered practitioner practises complementary medicine or a therapy that is non-traditional or that departs from the prevailing medical practice unless there is evidence that proves that this therapy poses a greater risk to a patient's health that the traditional or prevailing practice.
8 This Act comes into force by regulation of the Lieutenant Governor in Council.
Explanatory Note
This Bill enables medical practitioners to practise complementary medicine without penalty from the College of Physicians and Surgeons of British Columbia.
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