Thank you, Mr. Speaker.
Committee Considerations
The committee considered several motions that would improve Bill 40, including removing the virtual care register, and adding a requirement to consult with the medical professional community before proposing regulations concerning standards of practice.
Virtual Care and Exemption to be Licensed in the NWT
Committee members noted the strong endorsement of an exception to registration to continue virtual care with referral and to allow the Minister to enter into agreements that would exempt care practitioners from licensing in the NWT and permit them to provide virtual care services to NWT residents. To this effect, subsections 31.6 and 31.7 of clause 9 were maintained.
Virtual Care Register
The committee took into consideration the risks and concerns expressed in the submission. It was noted that the proposed virtual care register would not apply to every situation to prevent unlicensed physicians from practicing in the NWT, not ensure continuity of care or connection in the NWT system, not entirely remove the administrative burden; and, may create a sense of oversight not truly reflective of the situation.
Committee put forward Motions 2, 3, 4, 9, 12 to 19, and 23 to remove the virtual care register from Bill 40.
Standards of Practice and Professional Self-Regulation
Bill 40 proposed establishing or adopting standards of practice, codes of ethics, continuing competency programs, and the nature of those programs, and scope of practice frameworks and guidelines.
The committee observed that the Health and Social Services Professions Act uses the exact wording to give Cabinet the power to make regulations to establish standards of practice, codes of ethics, and competency programs and guidelines.
After hearing from various medical organizations about the potential for the Minister to infringe on the independence of the medical profession through this clause, the committee deliberated whether the concern was the regulation-making power or the standards themselves.
The committee recognizes the position of the professions that creating regulations on standards of practice may infringe on the independence of the medical profession. In connection with those concerns, committee members heard that the concern is not at the level of the standards themselves but that should the Minister choose the standards, it could mean competing interests because the Minister's interest may not be in line with patients' interests.
In conversations with the committee, the Department of Health and Social Services expressed the commitment to consult the medical profession on standards of practice adapted from the College of Physicians and Surgeons of Alberta to bring standards into force in late 2022. The Department plans to include consultations on adopting the Canadian Medical Association's Code of Ethics and Professionalism.
The current legislation allows the Minister to develop regulations respecting standards for the practice of medicine. Therefore, Bill 40 does not contemplate removing or adding the power that the Minister already has. Therefore, removing this power would not be within the scope of Bill 40. The committee considered all comments on self-regulation out of scope but looked to other ways to ensure collaboration as noted in the next section.
The Requirement to Consult before Proposing Regulations
The committee proposed that the Minister should consult with the NWT Medical Association before recommending making regulations regarding establishing or adopting standards of practice, codes of ethics, continuing competency programs and the nature of those programs, and scope of practice frameworks and guidelines under clause 24 para 94.
Committee pursued an amendment with Motion No. 10 allowing the Commissioner to make the stipulated regulations only after consultation with the Northwest Territories Medical Association.
Mr. Speaker, I will now ask to pass it on to my colleague, Member for Monfwi. Thank you.