12/03/2025
Many people are unaware of how the new healthcare legislation in BC will affect them and their provider. Here are a few noteworthy changes:
1. Health care is no longer self-governing but is regulated by the government: College boards are government appointed with only one representative from any one profession and not all professions are necessarily represented (Bill 36 - HPOA, s. 346).
2. Definitions of misconduct expanded: Licensees may be disciplined for vague concepts such as "conduct unbecoming" or bringing the profession into "disrepute" (Bill 36 - HPOA, s. 10-11).
3. Severe penalties and broad discretion: Fines up to $200,000 for individuals, $500,000 for corporations, and imprisonment of up to two years (Bill 36 – HPOA, 2022, s. 513-518).
4. Expanded investigatory powers: Inspections of your workplace without permission, record seizures, and compelled cooperation (Bill 36 – HPOA, 2022, Part 10, Division 3; s. 469).
5. Mandatory “Quality Assurance” programmes: Privacy and confidentiality violated and health care relationships and peer consultation undermined. Quality assurance programmes may include random and systematic file audits, on-site observations of practice with some proposed College by-laws allowing contact with clients, clients’ families, and colleagues (Bill 36 – HPOA, 2022, s. 99, 469).
6. Compelled assessments or treatments: Licensees may be required to undergo evaluations, treatments, or certain vaccinations as licensing conditions (Bill 36 – HPOA, s. 49, 146, 200).
7. Public disciplinary process: Identities may be disclosed prior to finding of misconduct (Bill 36 – HPOA, 2022, Part 5; s. 255, 256).
8. Disciplinary panels are only required to have one individual who represents the profession and the professional knowledge in question when there is a complaint against a licensee (Bill 36 – HPOA, s. 449).
9. Inability to appeal most discipline and licensing decisions: Health care providers unable to appeal decisions to the Supreme Court. No external appeal process and only option is to request a review by the Registrar, Investigation Committee or others who are appointed by the government (Bill 36 – HPOA, 2022, s. 512).
10. Statuary immunity for Colleges and protected persons in the College: Shielded from any criminal liability and accountability (Bill 36 - HPOA, 2022, s. 399, 400).
Sadly the new law was passed in BC with little debate and only 56 of 645 sections reviewed or dicussed at all. If this bothers you, as it should, you can write to local representatives as some of them are opposed to it. Some practitioners are taking action but awareness is needed first because most people I talk to have no idea.
