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(c), (d), (f), (g), (k), (l), (l.6), (l.9), (l.92), (p), (q), (u.1), (v.1), (w.1) or (z), may not be made, amended or repealed unless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:
Sections 1-27, 3-4, 3-5(5), 7-1 and 8-1
At its meeting on September 27, 2017, the College Board approved amendments to sections 1-27, 3-4, 3-5(5), 7-1 and 8-1 of the Bylaws made under the Health Professions Act, RSBC 1996, c.183 (HPA).
The rationale for the amendments is as follows:
As a result of the amalgamation of the three professional accounting bodies in British Columbia and the establishment of the Chartered Professional Accountants of British Columbia, the proposed Bylaw amendment reflects the change in name of the accounting organization utilized by the College to conduct its financial audit.
The current Bylaws contain typographical errors in reference to the Freedom of Information and Protection of Privacy Act and a regulation made under that Act, and as such, the proposed Bylaw amendments provide the correct reference.
The current Bylaws provide for the requirements for medical practice records. The proposed Bylaw amendments include an additional statute applicable to the practice of medicine in British Columbia, the E-Health (Personal Health Information Access and Protection of Privacy) Act of British Columbia.
As currently worded, this section of the Bylaws provides that, without first obtaining the consent of the registrar, an association of two or more registrants who practise through a medical corporation must not carry on the practice of medicine except in the proper names of one or more of the members of the association. As this reflects the College’s prior approach to the use of names and this requirement is no longer enforced, the Board has approved amendments to rescind this section of the Bylaws.
Under the former enactment, the Medical Practitioners Act, the College had powers to regulate practice arrangements. For example, physicians could not work with chiropractors. Under the HPA, this type of oversight is anachronistic. Right-touch regulation directs the College to limit its oversight in this area to setting expectations for conflict of interest. The College’s professional standards and guidelines address issues relating to physicians practising with “third parties,” including conflict of interest concerns and the safe and appropriate custody of medical records. Accordingly, the Board has resolved to rescind this section of the Bylaws.
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.
- Resolution 17-686
- Bylaw amendments: sections 1-27, 3-4, 3-5(5), 7-1 and 8-1 (redline version)
- Bylaw amendments: sections 1-27, 3-4, 3-5(5), 7-1 and 8-1 (clean version)
Comments can be submitted to the College of Physicians and Surgeons of British Columbia by January 11, 2018.
College of Physicians and Surgeons of British Columbia
Attention: Registrar and CEO
Comments may also be forwarded to the Ministry of Health
Attention: Executive Director, Professional Regulation & Oversight Branch