British Columbia Order in Council — Order under Medical Practitioners Effective January 1, 2001: amendments to the Rules of the College of Physicians and Surgeons of British Columbia are made (O.C. 1470/2000)

O.C. 1470/2000

British Columbia — Orders in Council

Pres ng Member of the Executive Council PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council 14o. — 14 70 , Approved and Ordered OCT 2 6 2000 Lieutenant overnor Executive Council Chambers, Victoria .

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that effective January 1, 2001, approval is given to the amendments to the Rules of the College of Physicians and Surgeons of British Columbia as set out in the attached Resolution No. 99-209 of the Council of the College dated November 25, 1999 and as amended by Resolution 00-100 dated June 12, 2000. Minister of Health and inister Responsib e for Seniors (This

part is for administrative purposes only and is not part of the Order) Authority under which Order is made: Act and section:- Medical Practitioners Act,

section 5 Other (specify):- \\SEAL \LPR \MPA,OIC 2000\mptoic.clot i0-Ici/Gc173

COLLEGE OF PHYSICIANS & SURGEONS OF BRITISH COLUMBIA RESOLUTION NO. 00-100 OF THE COUNCIL OF THE COLLEGE OF PHYSICIANS & SURGEONS OF BRITISH COLUMBIA, MADE THE 12TH DAY OFJUNE 2000 AT VANCOUVER, BRITISH COLUMBIA RESOLVED THAT, in accordance with the authority established in

section 5 of the Medical Practitioners Act, the Council the Council amend Resolution 99-209 by deleting the words "July 1, 2000" and inserting the words "January 1, 2001" in the last sentence of the Resolution. subject to the approval of the Lieutenant Governor in Council. CERTIFIED A TRUE COPY trtic,P Deputy Registrar (copy of Resolution 99-209 is attached) 1807 WFsr 10111 AVENUE, VANCOUVER, B.C. V6J 2A9 1-800-461-3008 TEL. (604) 733-7758 FAX (604) 733-3503

COLLEGE OF PHYSICIANS & SURGEONS OF BRITISH COLUMBIA RESOLUTION NO. 99-209 OF THE COUNCIL OF THE COLLEGE OF PHYSICIANS & SURGEONS OF BRITISH COLUMBIA, MADE THE 25TH DAY OF NOVEMBER, 1999 AT VANCOUVER, BRITISH COLUMBIA RESOLVED THAT, in accordance with the authority established in

section 4 of the Medical Practitioners Act, the Council amend the Rules as follows:

Part VI — Inquiry and Hearing Procedure Rule 15 is deleted and the following substituted: "15. Subject to rule 16, all inquiry committee hearings (except those ordered under

section 63 and 64 of the Act) shall be open to the public." Rule 16 is deleted and the following substituted: "16. An inquiry committee may make an order that the public, in whole or in part, be excluded from the hearing or any part of it if the inquiry committee is satisfied that such an order is appropriate in the circumstances. Without limiting the generality of the foregoing, an inquiry committee may consider the following factors in determining if an order should be made under this rule: (

a) personal or confidential or financial or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public; (

b) a person involved in a criminal proceeding may be prejudiced; (

c) the safety of a person may be jeopardized; or (

d) whether matters involving public security may be disclosed." New Rules 17-25 are added as follows: 1807 WI s 1 10111 AV1 NUE, VANCouvER, B.C. V6J 2A9 1-800-461-3008 •11.1. (604) 733-7758 hx (604) 733-3503

COLLEGE OF PHYSICIANS & SURGEONS OF BRITISH COLUMBIA Resolution #99-209 Page 2 of 6 "17. Where it thinks fit, an inquiry committee may make orders it considers necessary to prevent the public disclosure of matters disclosed at a hearing, including orders prohibiting publication or broadcasting of those matters. 18. An inquiry committee may make an order that the public be excluded from the part of a hearing dealing with a motion for an order under rule 16. 19.

An inquiry committee may make any order necessary to prevent the public disclosure of matters disclosed in the submission or evidence relating to any motion described in rule 18, including prohibiting the publication or broadcasting of those matters. 20. Subject to any orders pursuant to rule 16, 17, 18 and 19, an inquiry committee shall state its reasons for any order made pursuant to those rules. 21. Where an inquiry committee makes an order under rule 16 that the public be excluded from the hearing the inquiry committee, (

a) shall allow the parties, the complainant, and their legal representatives; and (

b) may allow such other persons as the inquiry committee considers appropriate, to attend the hearing. 22. An inquiry committee may for a witness other than the member, whose testimony is of a confidential, personal or sexual nature, make an order that no person shall publish the identity of the witness or any information that could disclose the identity of the witness or order that any such witness be identified only by pseudonym (provided that the true name, address and occupation of the witness shall be given to the parties present or represented at the hearing). 23.

An inquiry committee may make orders it considers necessary to ensure that proper respect to the hearing process is paid by members of the public attending the hearing and to limit the members of the public attending to the number of available seats in the hearing room. 24. The registrar may issue a public notice of an inquiry committee hearing in a manner that the registrar considers appropriate. 25.

An inquiry committee may permit another person or persons, for the purpose of providing support to a complainant, to be in attendance at the hearing during the time the complainant is present, provided such person undertakes to respect the confidentiality of the proceedings if an order excluding the public is made under rule 16."

COLLEGE OF PHYSICIANS & SURGEONS OF BRITISH COLUMBIA Resolution #99-209 Page 3 of 6 Rule 17 is amended by renumbered it as Rule 26: "26. The inquiry committee may direct exclusion of witnesses or a witness from the hearing or part of the hearing or may permit an expert or other witness to hear the whole or part of the proceedings." Rule 18 is amended by renumbering it as Rule 27: "27.

Unless objection is taken to the adequacy of the notice of the hearing or the constitution of the inquiry committee before any evidence is adduced, all such objections shall be deemed to have been waived and the filing of a copy of the resolution of the council or the executive committee appointing the inquiry committee certified under the hand of the registrar and the seal of the college shall be deemed sufficient proof of the due appointment and identity of the members of the inquiry committee.

An announcement by the chairperson at the commencement of the hearing that the inquiry committee has associated with itself as a member of the Law Society of British Columbia will be sufficient proof that such person is a member of the inquiry committee and has been duly appointed pursuant to

section 67 of the Act." Rule 19 is amended by renumbering it as Rule 28: "28. Decisions of the inquiry committee shall be determined by a majority of its members. If after commencement of a hearing a member becomes disqualified to participate or is unable to do so due to death or illness or otherwise, the remaining members may continue to hear and adjudicate upon the matter before them provided they constitute a majority of the members originally serving on the committee." Rule 20 is amended by renumbering it as Rule 29: "29.

The registrar may be present during a hearing but not during any deliberations of the inquiry committee." Rule 21 is amended by renumbering it as Rule 30: "30. Until the inquiry committe!, has reported its findings to the council, the inquiry committee may postpone, adjourn or reopen the hearing at such times and for such periods and on such terms and conditions as it sees fit. Rule 22 is amended by renumbering it as Rule 31: "31. The inquiry committee may, at any stage of the inquiry, direct that a charge be amended on such terms as it deems just."

COLLEGE OF PHYSICIANS & SURGEONS OF BRITISH COLUMBIA Resolution #99-209 Page 4 of 6 Rule 23 is amended by renumbering it as Rule 32: "32. If the member whose conduct is the subject of the charge admits such charge, the inquiry committee may proceed with the inquiry, in a

summary way or otherwise, in order to apprise itself of the facts sufficiently to duly report thereon to the council pursuant to

section 51(1) of the Act. Rule 24 is amended by renumbering it as Rule 33: "33. (

a) The oath to be administered to a witness shall be: "Do you solemnly swear that the evidence you are about to give on this inquiry will be the truth, the whole truth and nothing but the truth so help you God?" (

b) If the witness objects to taking an oath, the witness shall instead make the following affirmations: "I solemnly promise, affirm and declare that the evidence given by me on this inquiry shall be the truth, the whole truth and nothing but the truth." (

c) The oath to be administered to the stenographer shall be: "Do you solemnly swear that you will truly and faithfully record the evidence given on this inquiry to the best of your ability, so help you God?" Rule 25 is amended by renumbering it as Rule 34: "34. One inquiry can be held into a charge or charges against two or more members if it is just and expedient to do so. Two or more charges against the same member may be heard by an inquiry committee at the same time." Rule 26 is amended by renumbering it as Rule 35: "35.

The inquiry committee may cause any person, whether a party to the proceedings or otherwise, to be called as a witness at the hearing whether or not the parties consent thereto." Rule 27 is amended by renumbering it as Rule 36: "36. The report of the inquiry committee shall be signed by each of its members concurring therein. A member not concurring may make a minority report. All reports shall be forwarded to the registrar forthwith after execution. The registrar shall promptly send a copy of any report to each member of the council, the complainant (if any) and the member charged."

COLLEGE OF PHYSICIANS & SURGEONS OF BRITISH COLUMBIA Resolution #99-209 Page 5 of 6 Rule 28 is amended by renumbering it Rule 37: "37. Where an inquiry committee by a unanimous or majority report makes a finding that a charge has been proved and that the conduct in question constitutes infamous or unprofessional conduct, the executive committee may fix the time and place for the meeting of the council to consider the issue of punishment and costs under

section 60 and 61 of the Act and the member charged and the complainant (if any) shall be given at least 7 days notice of the time and place so fixed." Rule 29 is amended by renumbering it Rule 38: "38. The member charged, the complainant (if any) and their respective counsel shall be entitled to appear before the council and present argument and evidence with respect to the issue of punishment and costs." A new Rule 39 is added as follows: "39. Rules 15 to 25 apply muiatis mutandis to hearings before the council under sections 41, 50 and 60(3) of the Act." Rule 30 is amended by renumbering it as Rule 40: "40.

The council shall deliberate its decision with respect to punishment and costs in camera and shall announce its decision or give written notice thereof forthwith after reaching it to the member charged and the complainant (if any)." Rule 31 is amended by renumbering it as Rule 41: "41. At any stage of the proceedings under rules 38 and 40 the council may adjourn the proceedings for such period and on such terms as it sees tit." Rule 32 is amended by renumbering it as Rule 42: "42.

The council may make or may direct or authorize a member of the executive committee or the registrar to make such public disclosure of any proven charge and the punishment and costs imposed with respect thereto as it sees fit." Rule 33 is amended by renumbering it as Rule 43: "43. Following the conclusion of proceedings under

section 60 the registrar shall retain custody of all exhibits until the rights of appeal under

section 71 of the Act have expired." Rule 34 is amended by renumbering it as Rule 44:

COLLEGE OF PHYSICIANS & SURGEONS OF BRITISH COLUMBIA Resolution 499-209 Page 6 of 6 "44. The hearings or deliberations by an inquiry committee or the council may be held at any place in British Columbia or elsewhere." Rule 35 is amended by renumbering it as Rule 45: "45. The examination of the person reported upon under subsection (1) of

section 63 of the Act shall be a medical examination and shall be conducted accordingly out of the presence of any other person unless the inquiry committee otherwise directs." Rule 36 is amended by renumbering it as Rule 46: "46. Prior to the examination of such person under subsection (1) of

section 63 the registrar shall provide to the members of the inquiry committee a copy of any report coming into the registrar's hands under subsection (1) of

section 63 of the Act and any other documentary material emanating from a member of the college, a hospital, a psychologist or a recognized clinic, foundation or other body concerned with physical or mental ailments or emotional disturbance or addiction to alcohol or drugs concerning the person reported upon." Rule 37 is amended by renumbering it as Rule 47: "47.

If the inquiry committee sees fit to consider other evidence than that which comes to its attention pursuant to rules 45 and 46, the provisions of rules 26, 27, 28, 29, 30, 33, 35, 36 and 44 shall apply to the hearing and introduction of such other evidence." effective July 1, 2000 and subject to the approval of the Lieutenant Governor in Council. CERTIFIED A TRUE COPY Registrar

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 1470/2000
Type	order_in_council
Volume / chapter	arc oic 1470 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	84b69ba0e949784843e1a162019102aae87cb821

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