Authors: Lynsey Gaudin, Katelyn Jones, Kayla Míguez
On October 19, 2022, British Columbia’s Minister of Health introduced “Bill 36 – 2022: Health Professions and Occupations Act.” If it becomes law, this statute will replace the Health Professions Act, RSBC 1996, c 183, and bring significant change to the province’s oversight and regulation of health professionals.
The Health Professions and Occupations Act (the “HPOA”) proposes significant changes to how British Columbia regulates its health professions and occupations. Implementation of the HPOA would affect health professionals regulated under the current Health Professions Act. The province has also announced its intention to regulate additional health professionals under the HPOA including counsellors, and diagnostic and therapeutic professionals.[1]
Notable changes proposed in the HPOA include:
- New Definitions for Certain Misconduct – The HPOA proposes new definitions and requirements regarding specific, problematic forms of misconduct. In particular, the HPOA proposes a list of actions that would be considered “sexual misconduct” or “sexual abuse.”[2] It also proposes a definition for “discrimination,” and newly proposes naming it as a form of professional misconduct for which members can face disciplinary measures.[3] The HPOA would require anti-discrimination measures to be taken in conducting regulatory processes and in the provision of health care services.[4]
- Creation of Independent Discipline Tribunal – The HPOA proposes the creation of an independent Discipline Tribunal.[5] This new process for managing complaints would still allow colleges to receive and investigate complaints about their own members; however, investigation and discipline processes would be separated from one another, with the discipline process being governed by the Discipline Tribunal.[6] The purpose of this body is to help ensure that discipline matters are determined independently of the colleges, and that focus remains on the protection of the public.[7] For each complaint that leads to a discipline hearing, the Discipline Tribunal would establish an independent discipline panel containing at least one member licensed in the same health profession as the member who is the subject of the hearing.[8]
- Creation of Oversight Body – The HPOA proposes the creation of a new oversight body, entitled the “Office of the Superintendent of Health Profession and Occupation Oversight”. This body would set or adopt performance standards and provide guidance as to regulatory best practices.[9] Other activities of oversight could include, among other things: performing regular audits of the colleges; responding to complaints made about the colleges; conducting reviews of governance practices; and/or, if necessary, investigating a college’s governance conduct. The oversight body could also perform systemic reviews of the regulatory performance of a college, or of the regulation or state of practice of a health profession or occupation (regardless of whether it is designated).[10]
- Eligibility for Access to Support Services – The HPOA proposes eligibility for patients to receive access to support services and programs, which could include funded counselling services for patients who have faced an act of sexual abuse, sexual misconduct and/or discrimination by a regulated health practitioner.[11]
The HPOA has yet to be enacted into law, with several stages still to pass within the legislative process. If it is passed into law, its implementation will change how discipline is governed across health professions and occupations in B.C.
The MLT Aikins Regulated Professionals practice group has extensive experience working with regulated professionals – including doctors, dentists, optometrists, pharmacists, chiropractors and veterinarians – on managing their practice and growing their business. We also advise colleges and associations on prosecuting complaints against members, acting as independent counsel during enforcement proceedings. We provide advice to disciplinary hearing panels and offer assistance with investigations into alleged misconduct. We also advise regulators on determining the appropriate sanctions for misconduct, and on credentialing and continuing education requirements for regulated professionals. Contact us to learn more.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.
[1] See: Government of British Columbia, “Patients the focus of new health legislation”
[2] Bill 36 – 2022: Health Professions and Occupations Act, s. 8
[3] Bill 36 – 2022: Health Professions and Occupations Act, ss. 9 and 11; see also Government of British Columbia, “Patients the focus of new health legislation”
[4] Bill 36 – 2022: Health Professions and Occupations Act, ss. 1, 14, 15, 72 and 216
[5] Bill 36 – 2022: Health Professions and Occupations Act, Part 9, Division 2
[6] Bill 36 – 2022: Health Professions and Occupations Act, Explanatory Note; see also Government of British Columbia, “Patients the focus of new health legislation”
[7] Bill 36 – 2022: Health Professions and Occupations Act, Explanatory Note
[8] Bill 36 – 2022: Health Professions and Occupations Act, s. 169
[9] Bill 36 – 2022: Health Professions and Occupations Act, s. 456, Explanatory Note
[10] Bill 36 – 2022: Health Professions and Occupations Act, s. 457
[11] Bill 36 – 2022: Health Professions and Occupations Act, Part 5, Division 5; see also Government of British Columbia, “Patients the focus of new health legislation”