BILL NO. 45

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
70 Elizabeth II, 2021

 

Private Member's Bill

 

Medical Act
(amended)

 

Elizabeth Smith-McCrossin
Cumberland North

First Reading: October 22, 2021

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 adds definitions of "sexual abuse”, "sexual misconduct” and "sexual nature”.

Clause 2 prohibits the Registrar under the Medical Act from registering a person as a member of the medical profession if that person was found guilty of professional misconduct involving sexual abuse or sexual misconduct in another jurisdiction within the previous five years.

Clauses 3 and 4 require the chairs of the Investigation Pool and Hearing Pool to make every reasonable effort to ensure that the committees formed in response to a complaint involving sexual abuse or sexual misconduct include at least one member with the same gender identity as the victim.

Clause 5 requires the complainant and victim to be provided a copy of any settlement agreement where the complaint was in relation to sexual abuse or sexual misconduct.

Clause 6 requires the hearing committee to advise the complainant of the date, time and location of a hearing.

Clause 7 prohibits a member whose registration is revoked as a result of a complaint involving sexual abuse or sexual misconduct from applying for reinstatement for five years, instead of the two years for other complaints.

Clause 8 requires the College of Physicians and Surgeons of Nova Scotia to establish a patient relations program, sets out requirements of the program and allows for regulations respecting the program.

Clause 9 requires that money required for the purpose of this Act be paid from money appropriated for that purpose by the Legislature.

An Act to Amend Chapter 38
of the Acts of 2011,
the Medical Act,
Respecting Sexual Misconduct

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 38 of the Acts of 2011, the Medical Act, as amended by Chapter 32 of the Acts of 2014, is further amended by adding immediately after clause (ap) the following clauses:

(apa) "sexual abuse” means the threatened, attempted or actual conduct of a member towards a patient that is of a sexual nature and includes
(i) sexual intercourse between a member and a patient of that member,

(ii) genital to genital, genital to anal, oral to genital or oral to anal contact between a member and a patient of that member,

(iii) masturbation of a member by, or in the presence of, a patient of that member,

(iv) masturbation of a member's patient by that member,

(v) encouraging a member's patient to masturbate in the presence of that member, and

(vi) touching of a sexual nature of a patient's genitals, anus, breasts or buttocks by a member;

(apb) "sexual misconduct” means any incident or repeated incidents of objectionable or unwelcome conduct, behaviour or remarks of a sexual nature by a member towards a patient that the member knows or ought reasonably to know will or would cause offence or humiliation to the patient or adversely affect the patient's health and well-being but does not include sexual abuse;

(apc) "sexual nature” does not include any conduct, behaviour or remarks that are appropriate to the service provided;

2 Section 16 of Chapter 38 is amended by adding immediately after subsection (5) the following subsection:

(6) Notwithstanding subsection (1), the Registrar may not register a person if the person was found guilty of professional misconduct involving sexual abuse or sexual misconduct in another jurisdiction within the previous five years.

3 Section 32 of Chapter 38 is amended by adding immediately after subsection (1) the following subsection:

(1A) Where the subject-matter of a professional conduct process involves a complaint in relation to sexual abuse or sexual misconduct by a member, the Chair of the Investigation Pool shall make every reasonable effort to ensure that at least one member of the investigation committee has the same gender identity as the victim.

4 Section 48 of Chapter 38 is amended by adding immediately after subsection (1) the following subsection:

(1A) Where the subject-matter of a professional conduct process involves a complaint in relation to sexual abuse or sexual misconduct by a member, the Chair of the Hearing Pool shall make every reasonable effort to ensure that at least one member of the hearing committee has the same gender identity as the victim.

5 Section 51 of Chapter 38 is amended by

(a) adding "(1)” immediately after the Section number; and

(b) adding immediately after subsection (1) the following subsection:

(2) Where the matter referred to the hearing committee involves a complaint in relation to sexual abuse or sexual misconduct by a member, the complainant and the victim, if the victim is not the same person as the complainant, must be provided a copy of any settlement agreement entered into under subsection (1).

6 Section 53 of Chapter 38 is amended by adding immediately after subsection (1) the following subsection:

(1A) The hearing committee shall advise the complainant of the date, time and location of the hearing at least 30 days before the date of the hearing.

7 Section 54 of Chapter 38 is amended adding immediately after subsection (2) the following subsection:

(3) Notwithstanding subsection (2), where a hearing committee has revoked the registration of a member as a result of a complaint involving sexual abuse or sexual misconduct, the committee shall determine whether or when the member may apply for reinstatement, which cannot be earlier than five years from the date of the committee's decision.

8 Chapter 38 is further amended by adding immediately after Section 70 the following heading and Sections:

PATIENT RELATIONS PROGRAM

70A The College shall establish a patient relations program.

70B (1) The patient relations program must include measures for preventing and addressing sexual abuse of and sexual misconduct towards patients by members.

(2) The measures for preventing and addressing sexual abuse of and sexual misconduct towards patients by members must include

(a) educational requirements for members;

(b) educational guidelines for the conduct of members towards patients;

(c) training requirements for the College's staff, Council members and committee members;

(d) information for persons respecting the complaints process under this Act; and

(e) assistance in directing persons to appropriate resources, persons or organizations that may be able to assist them.

(3) A patient relations program must perform any other functions prescribed in the regulations.

70C (1) The Council must provide an annual report on the activities of the patient relations program to the Minister.

(2) A report under this Section must include

(a) a description of the program;

(b) where any changes to the program were made, a description of those changes; and

(c) any other information requested by the Minister.

70D (1) The College must provide funding for the purpose of providing treatment or counselling for patients who meet the requirements set out in this Section.

(2) The College may appoint one or more persons to assist with the administration of the fund.

(3) A patient is eligible for funding for treatment or counselling under this Section if

(a) a complaint is made respecting a member that relates to sexual abuse of or sexual misconduct towards that patient by the member; or

(b) the patient meets the requirements set out in the regulations.

(4) Funding under this Section must be provided in accordance with the regulations.

(5) A decision to provide funding under this Section does not constitute a finding of unprofessional conduct against the investigated person and must not be considered in any proceedings by an investigation committee or a hearing committee.

70E (1) The Governor in Council may make regulations

(a) respecting the additional functions of a patient relations program;

(b) respecting a patient's eligibility for funding for treatment or counselling;

(c) respecting the amount of funding for treatment or counselling that may be provided to a patient;

(d) respecting how funding for treatment or counselling may be provided for a patient;

(e) respecting when funding must be provided for treatment or counselling to a patient;

(f) respecting the administration of the funding for treatment or counselling for patients;

(g) respecting the recovery of any funding provided for treatment or counselling;

(h) respecting treatment and counselling generally.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.

9 The money required for the purpose of this Act must be paid out of money appropriated for that purpose by the Legislature.

 

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