News Release Archive
HEALTH--NEW MEDICAL ACT SETS STANDARDS FOR SAFE CARE
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A new Medical Act for Nova Scotia introduced in the
legislature today aims to reinforce the quality of patient
care, said Health Minister Ron Stewart.
"The act sets standards appropriate for now and for the
future," said Dr. Stewart. "It is a progressive piece of
legislation to help ensure that physicians provide safe
care, quality care and appropriate care."
Under the act, the Provincial Medical Board will be replaced
by a College of Physicians and Surgeons of Nova Scotia. The
new college inherits the mandate of the medical board to
license and discipline physicians, and expands on that
mandate.
Every physician in the province must be a member of the
college. The college regulates the practice of medicine in
the province and governs it members accordingly. Objectives
of the college include establishing, maintaining and
developing standards of knowledge, skill, professional
ethics and qualifications among physicians.
A 15-member council will be the governing body of the
College of Physicians and Surgeons. Five members, or
one-third of the council, will be lay members. Physician
members of the council will be elected by their peers in the
college.
Also under the act, physicians will be required for the
first time to submit to peer review of their practices. Such
reviews are consistent with what is permitted by legislation
in New Brunswick, Prince Edward Island and Ontario.
The Atlantic Peer Assessment Committee, an interprovincial
body already operating in New Brunswick and Prince Edward
Island, is expected to oversee the mandatory assessments. In
the past, assessments of physicians were voluntary.
Assessments will occur on a random basis and will
concentrate initially on family physicians. Persons
conducting the assessments will include physicians from
other Maritime provinces.
Serious problems become complaints to be handled by the
college. Peer review was agreed to in principle in the
spring agreement between the Department of Health and the
Medical Society of Nova Scotia.
Overall, the investigation process for addressing complaints
has been simplified and modernized in the act. The powers of
investigators and the procedures to be followed in
investigations and hearings are clearly spelled out. At each
level, there must be lay representation. Provisions are
possible to protect the privacy of complainants, such as
imposing publication bans and closing hearings.
Under the act, complaints against a physician can be
initiated by anyone. A newly-created investigation committee
of the college will examine complaints and determine how to
proceed. The five-person committee will be made up of
physicians and members of the council, including at least
one lay person. The committee may:
- dismiss the complaint;
- attempt to resolve the matter informally;
- with the consent of both parties, refer the matter in
whole or in part for mediation, reprimand the physician
or require the physician to undergo treatment or
re-education;
- depending on the findings, refer the complaint to a
hearing committee which has the power to conduct a full
hearing.
Patient records kept in a physician's office will be
safeguarded under the new act in the event they are
abandoned. The new act empowers the college to step in and
protect the records for the first time. Patients can then
receive copies of their records.
Dr. Stewart also tabled an act today that permits
physicians to incorporate. The legislation, which permits
physicians to arrange their affairs in a normal,
business-like manner, is similar to legislation that allows
other professionals, such as dentists and accountants, to
incorporate. Incorporation does not protect a physician from
professional liability and does not affect the relationship
between physician and patient.
The Minister also tabled the Medical Society Act
which updates the original act first created in the 1860's.
The updated act recognizes the evolving relationship between
the Medical Society of Nova Scotia and the Department of
Health.
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BACKGROUND INFORMATION
Medical Act
What is the College of Physicians and Surgeons of Nova
Scotia?
The College is the licensing and disciplinary body for all
physicians in the province and expands on the mandate of its
predecessor, the Provincial Medical Board.
To serve and protect the public interest, the College
regulates the practice of medicine in the province and
develops sound standards of practice. A council administers
the overall affairs of the College. The council may being
forward regulations covering matters such as continuing
medical education requirements for physicians, the reporting
and publication of disciplinary decisions and the peer
assessment program.
The 15-member is made up of eight physicians elected by
their peers, a physician appointed by the Dean of the
Medical School, a physician appointed by the Medical Society
of Nova Scotia at its general meeting and five people lay
people appointed by government. Council members serve for a
staggered number of years.
Why include peer review in the Medical Act?
Peer review is an important tool to help ensure quality care
is being delivered to Nova Scotians. In the peer review
process, physicians will examine the practices of their
peers. Peer review is a detailed check of physician
practice. If a serious problem is found, the matter is
turned over to the College of Physicians and Surgeons.
If I have a complaint, what's new?
Processing a complaint follows a logical, step-by-step
process. An Investigation Committee looks at complaints
against a physician. The committee has the power to do a
number of things, such as recommend mediation, dismiss the
complaint, or warn the physician. Complaints may also be
referred on to a Hearing Committee for a full-scale
examination. At each level, there is lay representation.
What about patient records?
In the past, when a physician left a practice, there was no
law to say what should happen to the patient records kept in
office files. Records could be abandoned. The new Act
protects patient records by empowering the provincial
College of Physicians and Surgeons to step in.
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Contact: Lori MacLean 902-424-5025
trp Dec. 06, 1995