2001 Legislative Session: 5th Session, 36th Parliament
The following electronic version is for informational
The printed version remains the official version.
Certified correct as passed Third Reading on the 10th day of April, 2001
Ian D. Izard, Law Clerk
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;
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. 1996, c. 285, is amended by adding the following definition:
"complementary medicine" means, with reference to a medical condition or ailment of a patient of a medical practitioner, a diagnostic or therapeutic measure that
(a) is used by the medical practitioner to diagnose or treat the condition or ailment of patients of the medical practitioner,
(b) would not customarily be used to diagnose or treat that condition or ailment by most other medical practitioners whose usual practice includes the diagnosis or treatment of that condition or ailment,
(c) poses no greater risk to the health or safety of that patient than does a diagnostic or therapeutic measure in general use for the condition or ailment by the medical practitioners described in paragraph (b), and
(d) presents a reasonable prospect for alleviating the suffering or improving the health of that patient in relation to that condition or ailment; .
2 Section 5 is amended by adding the following subsection:
(1.1) A rule under subsection (1) must not unreasonably interfere with the option of a medical practitioner to practise complementary medicine.
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 the section as section 80 (1) and by adding the following subsections:
(2) The entitlement to practise medicine under subsection (1) includes the option to use complementary medicine or any diagnostic or therapeutic measure if, in the judgment of the medical practitioner, it offers the reasonable 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 than the traditional or prevailing practice.
8 This Act comes into force by regulation of the Lieutenant Governor in Council.
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