1995 Legislative Session: 4th Session, 35th Parliament
FIRST READING
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1 Section 5.1 (2) and (3) of the Community Care Facility Act, R.S.B.C. 1979, c. 57, is repealed and the following substituted:
(2) The director may establish one or more panels composed of
(a) the director alone, or
(b) the director and the members of the variance committee that the director selects.
(3) If a licensee or applicant for a licence requests an exemption from a requirement of this Act or the regulations and the panel members in attendance at the consideration of the request all agree that complying with the requirement would cause undue hardship to the licensee or applicant and that granting an exemption would not increase the risk to the health or safety of persons receiving care in a facility of the licensee or applicant, the panel may authorize the exemption from the requirement.
2 The Dental Technicians and Denturists Act, R.S.B.C. 1979, c. 91, is repealed.
3 Section 64 (3) of the Dentists Act, R.S.B.C. 1979, c. 92, is repealed.
4 Section 57 (1) of the Evidence Act, R.S.B.C. 1979, c. 116, is amended in the definition of "health care professional"
(a) by repealing paragraph (e), and
(b) by repealing paragraph (f) and substituting the following:
(f) a person registered as a member of a college established under the Health Professions Act; .
5 Section 18 (1) of the Health Professions Act, S.B.C. 1990, c. 50, is amended by adding the following paragraph:
(t.1) establish the maximum fine that the discipline committee may impose under section 38 (1) (e.1); .
6 Section 38 (1) is amended by adding the following paragraph:
(e.1) fine the respondent in an amount not exceeding the maximum fine established under section 18 (1) (t.1); .
7 Section 42 is amended by adding the following subsection:
(3) Despite subsection (1), voting or non-voting shares of a health profession corporation may be vested in
(a) an executor or administrator of the estate of a deceased registrant to allow the executor or administrator to discharge duties as executor or administrator of the estate, or
(b) a trustee in bankruptcy to allow the trustee to discharge duties as trustee in bankruptcy in respect of the corporation or a registrant.
8 Section 27 of the Insurance (Motor Vehicle) Act, R.S.B.C. 1979, c. 204, is amended by striking out "Physiotherapists Act" and substituting "Health Professions Act".
9 Section 1 of the Medical and Health Care Services Act, S.B.C. 1992, c. 76, is amended
(a) in the definition of "appropriate disciplinary body" by repealing paragraph (f),
(b) in the definition of "appropriate licensing body" by repealing paragraph (f), and
(c) in the definition of "health care practitioner" by repealing paragraphs (c) and (f).
10 Section 4 (1) is amended by adding the following paragraph:
(r.1) apply section 21 for supply management and optimum distribution of medical care, health care and diagnostic services throughout British Columbia, .
11 The Medical Practitioners Act, R.S.B.C. 1979, c. 254, is amended by adding the following section:
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 that 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) refer the complaint to the council, executive committee or a committee appointed under section 24 to be dealt with by that council or committee,
(iii) direct the special deputy registrar to attempt to resolve the complaint informally,
(iv) appoint an investigating committee to act under section 48,
(v) appoint an inquiry committee to act under sections 50 and 51, or
(vi) 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 person who made a complaint that resulted in the sexual misconduct review committee making a direction under subsection (2) (d) (iii), or deciding under subsection (2) (d) (vi) to take no further action, requests in writing to the special deputy registrar that the sexual misconduct review committee proceed a second time under subsection (2) (d) concerning the complaint, the sexual misconduct review committee must proceed a second time under subsection (2) (d).
(4) If the sexual misconduct review committee in the second proceeding comes to a different conclusion on what must be done under subsection (2) (d), the new direction or appointment under subsection (2) (d), or decision under subsection (2) (d) (vi) to take no further action at that time, prevails.
(5) Subsections (3) and (4) do not apply if the person who was the complainant makes a further request under subsection (3) after the second proceeding referred to in that subsection is concluded.
(6) 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 or 50 that may arise from that complaint.
12 Section 50 (3.1) is amended by striking out "An inquiry committee must include" and substituting "An inquiry committee, other than an inquiry committee appointed under section 55 or 56, must include".
13 Section 50.6 is amended by striking out "executive committee" wherever it appears and substituting "executive committee or the sexual misconduct review committee".
14 Section 61 (3) is amended by striking out "Every person" and substituting "Subject to the Ombudsman Act, each person".
15 Section 73 (k) is repealed.
16 Section 7 of the Medical Practitioners Amendment Act, 1994, S.B.C. 1994, c. 11, is repealed.
17 The Nurses (Licensed Practical) Act, R.S.B.C. 1979, c. 300, is repealed.
18 Section 15 (3) of the Nurses (Registered) Act, R.S.B.C. 1979, c. 302, is amended
(a) in paragraph (c) by striking out "Nurses (Licensed Practical) Act or the Nurses (Registered Psychiatric) Act," and substituting "Nurses (Registered Psychiatric) Act or as a Licensed Practical Nurse under the Health Professions Act,", and
(b) in paragraph (d) (iii) by striking out "Nurses (Licensed Practical) Act," and substituting "as a Licensed Practical Nurse under the Health Professions Act,".
19 (1) If a health profession for persons registered or formerly registered under the Dental Technicians and Denturists Act is designated under section 12 of the Health Professions Act, section 36 of the Interpretation Act applies and the Dental Technicians and Denturists Act is deemed to be the "former enactment" and the Health Professions Act is deemed to be the "new enactment" for the purposes of this section.
(2) For the purposes of this section, section 36 of the Interpretation Act applies
(a) to a board appointed under section 16 of the Health Professions Act for the health profession as though the board were, for the purposes of the health profession, the board defined in section 1 of the Dental Technicians and Denturists Act,
(b) to, as circumstances require, the discipline committee or the inquiry committee as defined in section 1 of the Health Professions Act for a health profession as though the discipline committee or the inquiry committee were, for the purposes of the health profession, the board as defined in section 1 of the Dental Technicians and Denturists Act,
(c) to rules made under the Dental Technicians and Denturists Act, and
(d) to a proceeding commenced under the Dental Technicians and Denturists Act to discipline a member of a health profession.
(3) The Lieutenant Governor in Council may make regulations to facilitate the transition from the former enactment to the new enactment for a health profession.
20 (1) If a health profession for persons registered or formerly registered under the Nurses (Licensed Practical) Act is designated under section 12 of the Health Professions Act, section 36 of the Interpretation Act applies and the Nurses (Licensed Practical) Act is deemed to be the "former enactment" and the Health Professions Act is deemed to be the "new enactment" for the purposes of this section.
(2) For the purposes of this section, section 36 of the Interpretation Act applies
(a) to the board established under section 16 of the Health Professions Act for the health profession as though the board were, for the purposes of the health profession, the council defined in section 1 of the Nurses (Licensed Practical) Act,
(b) to, as circumstances require, the discipline committee or the inquiry committee as defined in section 1 of the Health Professions Act for the health profession as though the discipline committee or the inquiry committee were, for the purposes of the health profession, the council as defined in section 1 of the Nurses (Licensed Practical) Act, or a disciplinary committee appointed under section 5 (d) of that Act.
(c) to regulations made under the Nurses (Licensed Practical) Act, and
(d) to a proceeding commenced under the Nurses (Licensed Practical) Act to discipline a member of the health profession.
(3) The Lieutenant Governor in Council may make regulations to facilitate the transition from the former enactment to the new enactment for a health profession.
21 This Act comes into force by regulation of the Lieutenant Governor in Council.
SECTION 1: [Community Care Facility Act, amends section 5.1] provides that
SECTION 2: [Dental Technicians and Denturists Act, repeals the Act] is consequential to the enactment of the Health Professions Act which will regulate these professions in the future.
SECTION 3: [Dentists Act, repeals section 64 (3)] is consequential to section 2 of this Bill.
SECTION 4: [Evidence Act, amends section 57 (1)] is consequential to section 17 of this Bill and deletes a reference to the repeal of the Nurses (Licensed Practical) Act by the Physiotherapists Act that is no longer relevant because of the repeal of that Act.
SECTIONS 5 and 6: [Health Professions Act, amends sections 18 (1) and 38 (1)] permit a board of a college to establish a maximum fine for purposes of professional disciplinary proceedings and to fine a registrant up to the maximum established for the profession.
SECTION 7: [Health Professions Act, amends section 42] allows the executor or administrator of an estate of a deceased shareholder in a health profession corporation to hold the shares for purposes of winding up the estate or a trustee in bankruptcy to hold the shares of the corporation or a shareholder for purposes of a bankruptcy proceeding.
SECTION 8: [Insurance (Motor Vehicle) Act, amends section 27] deletes a reference to the Physiotherapists Act that is no longer relevant because of the repeal of that Act.
SECTION 9: [Medical and Health Care Services Act, amends section 1] deletes references to the Physiotherapists Act that are no longer relevant because of the repeal of that Act.
SECTION 10: [Medical and Health Care Services Act, amends section 4] permits the Medical Services Commission to apply section 21 of the Medical and Health Care Services Act for the purposes of supply management and the optimum distribution of medical care, health care and diagnostic services throughout British Columbia.
SECTION 11: [Medical Practitioners Act, reenacts section 25.1] adds provisions to allow
SECTION 12: [Medical Practitioners Act, amends section 50 (3.1)] removes the requirement that an inquiry committee appointed under section 55 or 56 include
SECTION 13: [Medical Practitioners Act, amends section 50.6] allows the sexual misconduct review committee to suspend or limit the practice of a medical practitioner on an interim basis pending completion of an investigation or inquiry into a complaint of sexual misconduct if that interim action is considered necessary to protect the public.
SECTION 14: [Medical Practitioners Act, amends section 61 (3)] makes it clear that section 61 (3) of the Act is subordinate to the Ombudsman Act.
SECTION 15: [Medical Practitioners Act, repeals section 73 (k)] is consequential to the repeal of the Dental Technicians and Denturists Act by section 2 of this Bill.
SECTION 16: [Medical Practitioners Amendment Act, 1994, repeals section 7] is consequential to the amendment made by section 11 of this Bill.
SECTION 17: [Nurses (Licensed Practical) Act, repeals the Act] is consequential to the enactment of the Health Professions Act which will regulate this profession in the future.
SECTION 18: [Nurses (Registered) Act, amends section 15] is consequential to the repeal of the Nurses (Licensed Practical) Act by section 17 of this Bill and the enactment of the Health Professions Act which will regulate this profession in the future.
SECTIONS 19 and 20: [Transitionals] are consequential to sections 2 and 17 of this Bill. They facilitate the transition of ongoing matters under the repealed Acts that will continue under the Health Professions Act.
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