"Changes to strengthen the Medical Act will be made by the spring of 1997," says Health and Social Services Minister Walter McEwen.
Recently, a report on disciplinary and investigatory measures within the Act was completed by a Committee of Members of the Legislative Assembly. The Committee was chaired by First Queens M.L.A. Marion Murphy. Elizabeth Hubley and Claude Matheson were also members of the Committee.
"I want to thank Mrs. Murphy and her colleagues for their fine work in completing a difficult task quickly and well," Mr. McEwen said. "Within a very short time frame, the Committee has provided a set of recommendations which should substantially advance the public interest."
"One of the key focuses of the report is its emphasis on opening up the process of discipline in a way that will enhance public knowledge," Mrs. Murphy said.
"One of the frustrations the Committee heard was the apparent secrecy in which physicians are disciplined. I believe the recommendations we have proposed will open up that process in a way that reflects the public interest," Mrs. Murphy said.
Medical Society President Dr. Scott Cameron said that physicians agree there is a need for change and believe it is essential for both the public and the medical profession to be confident in the process and adequately protected.
"As a group, we are looking forward to working with Government to improve the system," Dr. Scott Cameron.
Other recommendations include:
A three-year ban on applying after a license is revoked for serious sexual abuse.
Mandatory sexual abuse program, which would include training for physicians.
Formal guidelines for assessing appropriate penalties/remedies appropriate to the offence.
Last week, the Provincial Cabinet endorsed the general direction set out in the report. Over the next few months, draft amendments to the Act will be written for debate in the Legislature next year.
The full text of the Report of the Committee of M.L.A.'s to review the provisions of Prince Edward Island's Medical Act regarding investigation and discipline is available from Island Information Service.
A synopsis of some of the key recommendations*:
Patient/Complainant:
#3 - Make it easier to complain; #5 - Compulsory reporting by M.D.'s of colleagues' misconduct/incompetence; #25 - Zero tolerance for sexual misconduct; #30 - College should be given power to sue offenders so that victims' counselling costs may be covered; #35 - Create a complaints ombudsman at the College.
Public/Open Process:
#10 - Institute a system of outside investigation; #11 - Increase investigative powers; #15 - Create option of open hearings; #16 - Under #15, permit protection of witness/complainant identities; #21 - Require College to publish results of disciplinary outcomes that affect physicians' ability to practice; #32 - Widely publicize complaint mechanisms (i.e., notices in physicians' offices); #35 - Complaints ombudsman.
Physicians/Discipline:
#5 - Compulsory reporting by M.D.'s of colleagues' misconduct/incompetence; #12 - Give College power to immediately suspend physicians; #19 - Allow College to charge costs of investigation to a practitioner found guilty; #24 - "Successful" rehabilitation as a condition for re-licensure; #25 - Zero tolerance for sexual misconduct; #28 - Three year minimum license revocation in serious cases; #31 - Demand the College create a reactive and preventive sexual abuse program.
*Some recommendations show up in more than one category. The recommendations are numbered, as per their appearance in the report. Boldfaced sections are non-legislative.