Debates of May 20, 2010 (day 15)
MEMBER’S STATEMENT ON PROCESS FOR LODGING COMPLAINTS UNDER THE MEDICAL PROFESSION ACT
Thank you, Mr. Speaker. I started off this sitting of the Legislative Assembly raising a concern about a medical professional practising in the Northwest Territories who I had serious concerns about.
As a result of some follow-up with the Department of Health, Mr. Speaker, I was able to determine that a new Medical Profession Act was passed and came into force on April 6th -- so just over a month ago -- so complaints after the date of April 6th are now managed under the new act.
The new act gives a disciplinary board and the investigator better and up-to-date tools, temporary suspension, a wider variety of ways to deal with the terms and conditions of a licence, mediation and dispute resolution techniques for a complaint, and better ways of dealing with difficult physicians who may not wish to cooperate and who may leave the NWT or let their licence lapse in order to avoid a complaint process.
Mr. Speaker, here are a few of the improvements. If there is improper conduct that is deemed to be a criminal offense, this allows the GNWT to revoke the licence upon conviction of that individual, it allows for sanctions if a practitioner fails or refuses to comply with the settlement agreement approved through proposed alternative dispute mechanisms.
Mr. Speaker, it allows for the investigation of a complaint for up to two years after a physician is no longer registered in the Northwest Territories. The accused practitioner can be compelled to testify in an inquiry. The board of inquiry can proceed upon proof that the complaint has been served to the accused. The complainant can have a very limited role in the inquiry. The written decisions of the board of inquiry must be provided. An appeal of a decision by the board of inquiry to the Supreme Court does not set aside the judgement. Also, the new act allows for the recovery of costs from a physician, but not exceeding $20,000.
Mr. Speaker, I was very, very pleased to learn of these changes to the process and I would encourage people who feel that the previous process did not serve their complaint, or did not give them the satisfaction of feeling like the physician complained of was dealt with in a proper way, to look at this process and consider whether it might be appropriate to file their complaint again to have it dealt with. I do say I’m very pleased with these changes. Thank you, Mr. Speaker.