MAY 2008
VOLUME 5 NO. 5

POLICY & POLITICS

BC legislation catches MDs off guard

College's control over physician licensing at stake


Back in February, the government of British Columbia announced plans for wide-ranging healthcare reforms, setting off something akin to panic in the medical community.

Undaunted, Premier Gordon Campbell and Health Minister George Abbott are at it again. Their latest project, a set of legislative amendments known as Bill 25, follows through and even expands on some of the divisive ideas Premier Campbell mentioned in his February throne speech and budget.

The two proposals within Bill 25 that are causing physicians the greatest concern are: government interference in aspects of physician licensing that had previously been left to doctors, and significantly expanded scopes of practice for nurses and pharmacists.

LICENSING REFORMS
The principle of physician self-governance is one of those unassailable traditions safe from the caprices of the government of the day. Or so you thought. Ontario and Alberta have already passed similar laws that erode physicians' right to self-govern.

Introducing Bill 25 in the provincial legislature on April 10, Mr Abbott touted it as the beginning of "a new standard of transparency and accountability in college registration, inquiry and discipline processes."

After dispensing with the obligatory political buzzwords of "transparency" and "accountability," Mr Abbott continued, explaining in broad terms that Bill 25 will help get internationally trained healthcare workers into practice in BC faster by granting them restricted licences.

Bill 25 also proposes a new Health Professions Review Board, which has really caused doctors' hair to stand on end. The board would be a sort of appeals court for people who disagree with a health regulatory body, and it would have the authority to overrule that body.

"The government said before they would like to streamline and smooth the obstacles for IMGs and we support that, but we're not happy with the way it's being done," says British Columbia Medical Association (BCMA) president Geoff Appleton. "[Licensing] is a College issue. It looks now like a lay group could license an IMG. Our concern is how could these people make a decision on competency, if they don't go through the College? And if they do find a foreign graduate is competent and something goes off the rails, who is going to cover it? Will the Canadian Medical Protective Association cover them even if the College hasn't licensed? There are some questions, and that's always a concern when it's open-ended like this."

The debate about how to deal with IMG licensure has been reignited with an ongoing case against the College of Physicians and Surgeons of British Columbia in front of the BC Human Rights Tribunal. Dr Paola Nasute Fauerbach, an Argentine radiologist, alleges the College's 2007 decision not to recognize her credentials in diagnostic breast imaging amounted to discrimination. In late March, just several weeks before Bill 25 arrived, the Human Rights Tribunal dismissed the College's motion to throw out Dr Fauerbach's complaint on a technicality.

"NO HEADS-UP"
Over the past month, the BCMA and the BC College have been left scrambling to discern the specifics of what the government is trying to do. "We had no heads-up about this at all, which is sort of an irritant," says Dr Appleton. College registrar Dr Morris VanAndel was unavailable to respond to questions from NRM because he and Mr Abbott were still in negotiations in Victoria about the details of Bill 25, including restricted licensing.

But there's a twist: the College isn't actually under the purview of the Health Professions Act yet. Plans have been in the offing for some time now to bring the College into that legislative framework — it had been hoped that it might happen this fall — but Bill 25 and its unanticipated changes to that Act may throw a wrench in the works, says College communications director Susan Prins.

 

 

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