BILL NO. 249

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
1 Charles III, 2022

 

Private Member's Bill

 

Medical Act
(amended)

 

Elizabeth Smith-McCrossin
Cumberland North

First Reading: November 2, 2022

(Explanatory Note)

Second Reading:

Third Reading:

Explanatory Note

This Bill amends the Medical Act to require that, where a complaint to the College of Physicians and Surgeons of Nova Scotia involves allegations of sexual assault or sexual misconduct, advance notice be given to the complainant before disclosure is provided to the respondent medical practitioner that could allow the respondent to identify the complainant.

An Act to Amend Chapter 38
of the Acts of 2011,
the Medical Act,
Respecting Sexual Assault by Medical Practitioners

Be it enacted by the Governor and Assembly as follows:

1 Chapter 38 of the Acts of 2011, the Medical Act, is amended by adding immediately after Section 45 the following Section:

45A Where a complaint involves allegations of sexual assault or sexual misconduct, no disclosure of the complaint may be provided to the respondent under subclause 44(2)(a)(i) or clause 45(5)(b) if the disclosure

(a) identifies the complainant; or

(b) could reasonably allow the respondent to identify the complainant,

unless sufficient notice is provided to the complainant in advance of the disclosure to allow the complainant to make any necessary preparations related to personal comfort or safety.

 

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