Bylaw Amendments

According to the Health Professions Act, section 19(6.2):

(6.2) A bylaw under subsection (1), other than a bylaw under subsection (1) (b), (c), (d), (f), (g), (k), (l), (l.6), (l.9), (l.92), (p), (q), (u.1), (v.1), (w.1) or (z), may not be made, amended or repealed unless

(a) notice of the proposed bylaw, amendment or repeal is given by the board to the minister and the college of each health profession prescribed by the minister for the purposes of this subsection

(i) at least 3 months before the proposed bylaw, amendment or repeal is filed with the minister, or
(ii) within a shorter period the minister specifies as appropriate in the circumstances, and

(b) the proposed bylaw, amendment or repeal is, for the period referred to in paragraph (a),

(i) made available by the board for inspection by any person, free of charge, at the office of the college at all reasonable times during regular business hours, and
(ii) posted by the board on the college website.

The following are proposed amendment(s) to the Bylaws:

Part 5, Section A, Sections 5-1 to 5-20

Non-Hospital Medical and Surgical Facilities Program – part 5, section A, sections 5-1 to 5-20 of the Bylaws made under the Health Professions Act, RSBC 1996, c.183

In 2016, the College Board set out a strategic direction for the revision of the Non-Hospital Medical and Surgical Facilities Program Bylaws. The focus of the revisions includes: strengthening the role of the facility medical directors, enhancing continuity of care, separating the accreditation of new and existing facilities, and increasing public access to information.

In February 2017, the College posted the proposed amended Bylaws on its website giving registrants and other interested parties the opportunity to review and comment. The feedback received during the consultation period was comprehensive and constructive, leading to further changes and clarification.

While most of the changes are minor, involving language edits to increase clarity in certain sections, two are considered substantive.

  1. Introduction of an appeals process

    Section 5-6 Revocation, suspension or change to the level of accreditation

    This section now grants the medical director of a facility the opportunity to file a written application to the committee for a review of any decision regarding revoking, suspending or changing the level of accreditation made by the registrar, and a written application to the Board for a review of any decision made by the committee.

    Section 5-21 Fees, administrative penalties, and costs

    This section now grants the facility the opportunity to file a written application to the committee within 30 days for a review of the imposition by the committee of an administrative penalty and costs.
     
  2. Ensuring continuity of care

    Section 5-11(4) Medical staff application

    Initially it was contemplated that all registrants working in non-hospital facilities would be required to hold active or admitting hospital privileges. Upon further review, and recognizing that resources are limited in the public sector, this requirement was removed to allow registrants with the appropriate skill and knowledge the opportunity to work in the private sector. This section grants the committee the authority to set standards, rules, policies and guidelines regarding appropriate skill and training for the appointment of medical staff in a non-hospital facility using the provincial credentialing/privileging dictionaries as a framework.

    Section 5-16(1) Requirement for continuity of care

    This section outlines strict expectations for registrants who do not hold active or admitting privileges at a hospital close to the facility to designate another registrant of the same specialty to manage any patient requiring hospital admission due to complications arising from a procedure performed at a non-hospital facility.

Please also note that the new Bylaws reflect the addition of the word "accreditation" to the program name: Non-Hospital Medical and Surgical Facilities Accreditation Program.

The College thanks all registrants and interested parties who took the time to comment on the amended Bylaws. These revisions represent the most significant rewrite of Bylaws under the Health Professions Act since they were first enacted in 2009.

The proposed Bylaws are available for viewing here.

Comments can be submitted to the following by September 29, 2017:

College of Physicians and Surgeons of British Columbia
Attention: Registrar and CEO
Email: NHMSFPbylaws@cpsbc.ca
Fax: 604-733-3503

Ministry of Health
Attention: Executive Director, Professional Regulation and Oversight
Email: PROREGADMIN@gov.bc.ca

Part 4, Section A

On January 27, 2017, the College Board approved amendments to Part 4, Section A of the Bylaws under the Health Professions Act, RSBC 1996, c.183. (HPA).

The current Bylaw provides that, where a Discipline Committee panel by a unanimous or majority report makes a finding under sections 39(1)(a) to (e) of the HPA, the Board, in a separate hearing, will consider the issue of punishment and costs under section 39(2) to (8) of the HPA. Having a separate body consider the penalty in relation to a matter that was heard by the Discipline Committee results in a duplication of effort and delay. The proposed Bylaw amendments provide that the Discipline Committee panel that hears the matter also determines penalty at a separate hearing overseen by that same panel, which is in keeping with the HPA and the practice of other professional regulators. 

The Bylaw amendments have been posted for a 90-day notification period, giving College registrants and other interested parties the opportunity to review and comment.

Comments can be submitted to the College of Physicians and Surgeons of British Columbia by December 7, 2017

College of Physicians and Surgeons of British Columbia
Attention: Registrar and CEO
Email: disciplinebylaws@cpsbc.ca
Fax: 604-733-3503

Comments may also be forwarded to the Ministry of Health
Attention: Executive Director, Professional Regulation & Oversight Branch
Email: PROREGADMIN@gov.bc.ca