August 9, 2002

Taking Power Away from Physicians
and other health professions

The Campbell government is going to give itself the power to discipline doctors who go on strike. When the College of Physicians and Surgeons fails to protect the public, the government will be able to step in and exercise all of the powers of the College. That is just one of the dramatic changes in proposed legislation titled "Amendments to the Health Professions Act".

BC's Health Professions Council came into existence in 1990. It advises the Minister when, under the Health Professions Act, a health profession should be designated as a self-regulating profession. It also advises the Minister on the scope of practice for each of the sixteen professions that are currently regulated. In 1993 the Minister asked the Council to review the scope of practice and legislative framework for all recognized health professions. The Council's terms of reference were very broad. The terms led to reports that may result in fundamental changes in how health professions are governed. The report on the Medical Practitioners Act lists numerous examples where the College of Physicians and Surgeons objected to recommendations made by the Health Professions Council. One of those objections was over the change that would allow government not only to approve the College's bylaws but to impose bylaws on the College. The full set of reports was provided to the Minister in March 2001 - less than a month before the election was called.

Health Planning Minister Sindi Hawkins became responsible for dealing with the Council's recommendations. On July 31, 2002, "Proposed Changes for Professional Regulation" appeared as a new suite of pages on the Health Planning Minister's website. In a "Message from the Minister", Hawkins wrote that organizations have until September 16, 2002, to respond to the proposed changes. Legislation will be introduced into the Fall Sitting of the Legislature commencing October 7, 2002. No news release accompanied the posting of the new web pages. They went unnoticed by most people until August 7th when Province reporter Barbara McLintock wrote about some of the proposed changes. McLintock noted that the proposed changes will make it easier for physicians to provide alternative therapies. The Council's report on the Medical Practitioners Act makes it clear that it would allow physicians to practice with other professions including chiropractors.

The paper that accompanies Hawkin's message says that "From time to time some colleges have encountered difficulties in effectively carrying out their mandate and have failed to act in the public interest in carrying out their regulatory responsibilities." It goes on to say that "Under the amendments, government will have new powers to enquire into the functioning of a college, and to direct a board of a college to act where it is determined to be necessary. In addition, the government will have the ability to appoint a public administrator to carry out the functions of a board in extraordinary circumstances if it is necessary to protect the public."

British Columbians have seen the Campbell government break contracts, impose contracts and legislate teachers and nurses back to work long before the options for workers under essential service provisions of the Labour Code were fully exhausted. Surely any future job action by physicians would meet the test Hawkins refers to as extraordinary circumstances.

In her message, Hawkins wrote that in addition to implementing the recommendations of the Council presented in its March 2001 report, "… the Government of British Columbia has identified necessary amendments to improve public safety and accountability of the regulated health professions." The time may have come when the health professions are treated just like any other workers. If not, then the public may ask why not since Hawkins' proposed changes show how government can give itself the power.