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Is BC NDP new legislation poised to politically interfere with licensing of doctors and health professionals?
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Vancouver, BC - November 24, 2022.

 Health Professions and Occupations ActDoes the BC NDP's new legislation: Bill 36 - Health Professions and Occupations Act, introduced on October 19, 2022, set the stage for political interference in the licensing of physicians and other health professionals? Under sections 519 to 532 of the proposed Act, the Cabinet can make changes to the regulations including disciplinary measures, the composition of discipline panels and the oversight of complaints. In BC, will politics trump science when it comes to health professionals?

The Association of the Doctors Of BC has not alerted physicians and the public of problems and concerns related to the new Act. However, social media has been exploding with comments about the recently tabled legislation.

The following is an article that highlights some of the concerns regarding Bill 36, British Columbia Health Professionals In Shock Over Proposed Bill C36 —Are Their Rights Being Compromised?

"... Bill 36 will give the BC Minister of Health the ability to appoint College Boards who are then required to pass bylaws mandating vaccines for any illness the government chooses as a condition of license, and creating an environment of censorship where if you challenge the government’s position on anything you will face discipline and potentially lose your license. It also allows the College to determine who has good character and who doesn’t and to define informed consent.

... The most pertinent details of the Government’s/College’s powers are left to be disclosed in future regulations free from debate or oversight. Those that are specified are bad enough.

... This practice of leaving the details to future regulations yet to be disclosed, and allowing the government to pass the main piece of legislation without it, has to stop. It allows the government the ability to keep secret and free from any oversight or debate, the most important aspects of the legislation. See s.519 of Bill 36. All the details of this tyrannical legislation are yet to be defined by regulation made by the Lieutenant Governor in Council.

... It also gives the government extreme powers to punish, fine, jail and search and seize, people who the government deems to be performing duties they wish to regulate.

... The proposed legislation creates immunity for people who wrongly make reports or take action against a health professional unless you can show the person failed to act in good faith. See s.91 and 94. Section 94 is very poorly drafted and difficult to interpret. This needs to be clarified!

... This is very concerning legislation.

 

Web Links

British Columbia Health Professionals In Shock Over Proposed Bill C36 —Are Their Rights Being Compromised?

New Legislation Introduced in B.C. for Regulation of Health Professionals.

The proposed legislation can be found online at,
Bill 36 – 2022: Health Professions and Occupations Act.

 

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legislation
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Interesting that the commentator quoted is Brian Peckford, former PC Premier of Newfoundland.   He relocated to BC some 20 years ago and reportedly currently lives in Qualicum Beach.

His credentials as an impartial observer are not squeaky clean in my view.  According to Wikipedia, " Peckford endorsed the People's Party led by Maxime Bernier in the 2021 Canadian federal election and Peckford appeared on Jordan B. Peterson podcast Season 4 Episode 78, published January 26, 2022, where he claimed that the Canadian government infringed on the Canadian Charter of Rights and Freedoms during the COVID-19 pandemic. On January 27, 2022, it was revealed that Peckford is the lead plaintiff for the Justice Centre for Constitutional Freedoms in a federal court case which is challenging the validity of the federal government’s ban on travel for people who are unvaccinated."

However I do sympathize with some of the comments about the legislation's impact, particularly the suggestion that supervision of Gov't controls over physician practices are very loose.  The gov't of the day could just run amuck - but is that any different from now?

Regrettably, the provincial College's suffer from exactly the same wild, uncontrolled, and indiscriminate behaviour.  In practice I suspect that replacing Colleges with gov't regulation won't make much real difference.  The College is so fearful of being criticized by the politicians and the government that they don't do anything to stand up for practicing physicians. Today, the BC College's most pressing issue seems to be that of getting a new logo. It can't get much worse.

 

When legislation leaves details to regulations it's erosion of
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When legislation leaves details to regulations it's erosion of democracy! This bypasses legislative debate and powers.

This is not about Brian Peckford's personal issues or the College's indiscriminate behaviour.

This is how bureaucratic government is eroding our democratic system of government. As this type of legislation continues to become the "norm" it takes away the power and purpose of parliament. It overrides that parliament is there to represent the vision and the power of the people.

This type of "bureaucratic law" spreads further a field and affects other aspects of our lives. One need only look as far as the Physician Master Agreement (PMA) between the BC Government and the Association of the Doctors Of BC, where for more than a decade we have seen contract agreements with passages lacking specifics that are yet to be specified, including in the latest PMA that is currently being ratified by physicians.

 

DoBC President Letter expresses concerns related to Bill 36
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On November 29, 2022 members of the Association of Doctors Of BC received a President Letter stating that:

  1. Many doctors have contacted the president with concerns about how these changes will impact the profession, and the way we provide care to patients.
  2. The Association of DoBC "are troubled by the speed with which consultation took place and the bill was passed, without time for detailed analysis to ensure all parties have a full understanding of the implications of such sweeping changes."

Login to read the President Letter or view it on the Doctors Of BC website.

 

Is this an extreme view or a warning of how extreme it could get
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There are a lot of articles about Bill 36 appearing on the Internet and being circulated. One that a friend sent me raises the question, "Is this over the top or maybe warning of how extreme it could get?"

https://www.naturalnews.com/2022-12-05-new-law-in-british-columbia-jails...

... The Health Minister may appoint College Boards to enforce the bill’s provisions. The Health Minister can even order healthcare professionals to be JAILED for going against government and pharmaceutical narratives. The bill also codifies an end to body autonomy rights, forcing all healthcare professionals to take injections against their will. In Section 200 (“Eligibility to practise”) doctors can be forced to take any number of vaccines, including but not limited to the current covid-19 vaccine

... Section 514 defines (“Offences”) and Section 518 defines (“Penalties”). These sections permit fines of up $200,000 per individual or $500,000 per company, with a prison sentence of up to two years for “knowingly” dispensing “misinformation.”

... The Bill does not even define “false or misleading information.” This means that doctors will be suspended and jailed for sharing information that challenges the current restrictions and human rights abuses.

... In Section 259 (Summary protection orders) healthcare professionals are warned that they can be suspended or be subject to restrictions on their practice if they provide “false or misleading information to patients or the public” and it’s deemed that “a person who acts on the information is [subject to] significant risk of harm.” Furthermore, healthcare professionals can be targeted if they provide information that is deemed to be a “health hazard” as defined in the Public Health Act.

... BC lawyer, Charlene Le Beau, spoke against the bill: “The enactment of Bill 36 would evidence a further erosion of the rights and freedoms our Charter is supposed to protect, particularly individual liberty. As Aristotle posited, ‘The basis of a democratic state is liberty.’”

The bill is “a full-frontal assault on the professional integrity and freedom of the health-care professions” said David Leis, the vice president of engagement and development at the public policy think tank the Frontier Centre for Public Policy.

 

BC faces growing backlash over Bill 36 - CTV News
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See CTV News story: B.C. faces growing backlash from health-care professionals over Bill 36

As British Columbia’s health-care system verges on collapse, provincial lawmakers have enacted sweeping changes to the oversight of medical professionals in a surprise move workers are denouncing as an unnecessary, years-long transition ripe for potential political interference.

... “Why are we going to have political influence in bodies and jurisdictions and regulatory authorities where there was none before?” Dosanjh asked.

... The BC Nurses Union, which represents the majority of the members in the province’s largest college, raised similar concerns about potential political interference, as well as the erosion of due process.

Until now, only allegations substantiated by investigations and board deliberations have been made public, but it appears all allegations will now be published under the new act.

“We need to ensure that they are allowed due process and that their privacy is protected, balancing protection of our communities and the public, but also the privacy of our embers,” said BCNU president, Aman Grewal. “We also need nurses to be on that body to be able to direct and provide guidance to any body that does not have experience as to what is the proper standard of care.”

... Dix did not explain how a superintendent and government appointees will lead to more transparency. B.C.’s government has been repeatedly criticized for concealing and obfuscating basic information about the COVID-19 pandemic and other public health issues in recent years.

 

Doctors Of BC position on Bill 36
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Here is the Doctors Of BC web page on Bill 36 and their advocacy for the profession with links, https://www.doctorsofbc.ca/advocacy-policy/advocacy/bill-36

Bill 36: The Health Professions and Occupations Act

On November 24, 2022, the BC government completed third reading of the new Health Professions and Occupations Act (HPOA). The act brings sweeping changes to how health professions in BC will be governed and regulated. Doctors of BC formally raised concerns about the proposed changes through two submissions:

Submission of June 14, 2019

Submission of January 24, 2020

The government is currently working toward developing regulations before the new law can be fully enacted. Doctors of BC will continue to advocate on behalf of the profession during this period.

Doctors of BC President Dr Ramneek Dosanjh speaks to CTV News(link is external) on Bill 36 on December 28, 2022, “This is not the time to implement and make these kinds of sweeping changes without deep consultation that could actually impact our profession and our patients.”

Doctors of BC’s position on Bill 36 can be found in a president’s letter sent to members in January 2023.

 

Bill 36 - the end of professional medicine in BC
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Yes, but do our physicians and surgeons in BC really understand the effect of Bill 36, not just on their own professional lives but on the future of patient care in this province? Dix has achieved by stealth (and with the implicit aid of the College of Physicians and Surgeons) what Betty Cull and other Ministers of Health could not by confrontation. The DoBC has been so skillfully end-played that they don't seem to understand the gravity of the situation.

The effect of this legislation will be to make all physicians and surgeons no more than government bureaucrats; civil servants the same as in any government bureaucracy. They will be ruled in their practices by Managers, who will dictate how they will practise. These manager will not be doctors, but may well be nurses, as is already the case in government run health groups (e.g. mental health).

They may try to pooh pooh that suggestion, but they should learn about the resignation of the entire staff of psychiatrists from Royal Columbian Hospital in the 90s, when a NDP led hospital board appointed a nurse as 'medical director'.

To imagine the future of medical practice in BC run by government, look at today's news about BC Ferries:

https://globalnews.ca/news/9407748/bc-ferries-management-executives/

BC Ferries has more senior managers than vessels in its fleet

As BC Ferries continues to grapple with a labour shortage on the waters, new numbers show the company has had no trouble filling the ranks of its corporate offices.

The company, which is publicly owned but privately managed, operates a fleet of 39 vessels, but employs 51 shore-based executive directors and directors, it confirmed.

It also employs 18 superintendents, 207 managers and eight executives.

Eric McNeely, president of the B.C. Ferry and Marine Workers Union, said the numbers are outrageous considering the company continues to struggle to staff its vessels.

... McNeely said the union’s members are falling behind their peers with other maritime employers, with captains and senior officers able to make 20 to 40 per cent more elsewhere.

We're already in a comparable situation. The bureaucrats running our health system are legion.

As usual, the DoBC is floundering helplessly and far too late with a fait accompli.

Chris.

 


Cease fire banner, you don't speak for the people.