2000 Legislative Session: 4th 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 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 In this Act:
"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 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.
3 Section 3 (2) (d) is amended by adding "subject to section 40 (2);" after "members".
4 Section 5 (d) is amended by adding "subject to section 40 (2);" after "registration".
5 Section 5 (g) is amended by adding ", subject to section 18 (2) (a) and (b);" after "64".
6 Section 18 is amended by repealing section 18 and substituting the following:
18 (1) A resolution signed by at least 75% of the council members has the same effect as a resolution passed at a regularly convened council meeting.
(2) (a) In the treatment of the sick person, the registered practitioner must be free to use any diagnostic and therapeutic measure, if in his or her judgement, it offers the hope of saving life, re-establishing health or alleviating suffering.
(b) The by-laws of the College of Physicians and Surgeons of British Columbia shall not take precedence over this amendment.
7 Section 24 (2) is amended by adding ", subject to section 18 (2) (a) and (b)." after "present".
8 Section 26 (1) is amended by adding ", subject to section 18 (2) (a) and (b)." after "fit".
9 Section 27 (4) is amended by adding ", subject to section 18 (2) (a) and (b)." after "meeting".
10 Section 27 (5) is amended by adding ", subject to section 18 (2) (a) and (b)." after "resolves".
11 Section 29 (4) is amended by striking out "Subject to this Act and rules made by the council," and substituting "Subject to this Act, rules made by the council, and section 18 (2) (a) and (b),".
12 Section 29 (10) is amended by adding ", subject to section 18 (2) (a) and (b)." after "meeting of the executive committee."
13 Section 34 (1) (b) is amended by adding ", subject to section 18 (2) (a) and (b);" after "citizen".
14 Section 40 (2) is amended by repealing section 40 (2) and substituting the following:
40 (2) A registered practitioner shall not be found guilty of unprofessional conduct or be found to be incapable or unfit to practice medicine or osteopathy solely on the basis that the registered practitioner practices 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.
15 Section 51 is amended by adding the following subsections:
51 (1) (c) The College of Physicians and Surgeons of British Columbia shall not take investigative or any other action against a registered practitioner solely on the grounds that such a registered practitioner practices complementary medicine.
(d) In any investigation of a physician who practices complementary medicine, the Investigative Committee shall consist of an equal number of medical doctors from the Association of Complementary Physicians of British Columbia and the College of Physicians and Surgeons of British Columbia. All members of such an Investigative Committee shall have equal rights and status as committee members.
16 Section 52 is amended by adding the following:
52 (3) This section is subject to sections 40 (2) and 51 (1) (d).
17 Section 53 is amended by adding:
53 (8) Sections 18 (2) (a) and (b), 40 (2), 51 (1) (c) and (d) apply.
18 Section 60 (1) is amended by adding "Subject to section 51 (1) (c) and (d)," before "an".
19 Section 60 (3) is amended by adding "subject to section 40 (2)," between "conduct," and "is".
20 This Act comes into force by regulation of the Lieutenant Governor in Council.
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