Opposition pick holes in ?landmark legislation?
The wording may not have been slurred but it didn?t altogether make sense, so a new piece of legislation to address the problem of medical practitioners being unfit for work through alcohol or drugs has been sent back by MPs to be re-drafted.
An increasing number of anomalies were picked out by Opposition MPs as Health Minister attempted to bring into law the Medical Practitioners Amendment Act when she addressed the House of Assembly on Friday.
The Act and what it intends to achieve was supported on both sides of the political chamber but that was not enough to see it given a clear passage onto the statute book. As United Bermuda Party politicians delved deeper into the 15-pages of amendments they pulled the Minister up on inconsistencies such as members of the public being allowed to orally report on a medical practitioner appearing unfit to work due to intoxication, yet a fellow medical professional must make a report in writing.
And where the amendment paper spoke about punishment for those caught unfit through drink or drugs, it failed to specify if it was referring to a criminal offence and went on to firstly say such a person would not be liable for a fine before giving specifics about how a fine must be paid.
Opposition MPs highlighted the mistakes and omissions and even Deputy Premier Dr. Ewart Brown, on the Government front bench, added a request that medical practitioners such as himself should have an equal right to report pharmacists and nurses who breach the drink and drug rule.
As the barrage of questions grew, Minister Minors conceded the document was flawed and pulled it out of the day?s business. It will now to be re-drafted and re-presented.
The debate began with Mrs. Minors stating the amendments would lead to a new and simplified complaints procedure and greater leeway in disciplining medical practitioners.
She said currently there was no mandatory or legal requirement for healthcare institutions or physicians to report other medics who may be working while impaired through drugs or alcohol.
Opposition Deputy Leader said the UBP supported the bill and that it was important to update the 1950 original since so much progress has been made in medicine and medical issues since then.
Community Affairs Ministersaid it was important to have provision for complaints from the general public to be made formally ?rather than over the radio airwaves and through letters to the editor?.
And Dr. Brown praised it as ?landmark legislation.? Himself a medical doctor of close to 35 years standing, he said the profession was often maligned, adding it was important for the public to know both the Medical Association and Medical Society of Bermuda endorsed it as well as practitioners on the Island.
?It?s a compliment to them that they are willing to step into the new century and be judged by international standards,? he said.
Former UBP leader praised the provisions, he said: ?If you are a medical practitioner and you are impaired by drug or alcohol abuse, colleagues should not not feel that they have to protect you. That?s certainly a move in the right direction.? But the passage of the Act through Parliament soon floundered as UBP MPs began pointing out discrepancies. UBP House Leader spoke first on the anomaly of allowing members of the public to orally report on an unfit medic yet a fellow medical professional was being restricted to making a report in writing.
His colleague Dr. Gibbons illustrated the point with a hypothetical scenario where a tourist is brought to hospital after an accident and is accompanied by another member of the public, that person could call up the Chief Medical Officer immediately to complain if they thought the medic dealing with the injured person was unfit to do so through intoxication.
However a nurse would not be able to make the same call but would have to go through a more lengthy process of making a report in writing, by which time who knows what mistakes might have been visited upon the injured tourist by the intoxicated medic, said Dr. Gibbons.
And he said there needed to be a provision to allow suspect medical practitioners to be suspended from duty if they are under investigation by the Bermuda Medical Council.
Having reached section 18A of the Amendment Act dealing with criminal offence and the imposition of fines Mrs. Minors ?rose to report progress? on that particular section. The Act was therefore withdrawn from the day?s business. Afterwards UBP MP Mr. Dunkley said: ?We support the concept of the bill but were concerned about what was going on in the various clauses. It was obvious there had been some poor drafting or misunderstandings. We are pleased the Minister rose to report progress.
?This is not the first time this has happened. It appears Ministers do not always have full understanding of the bill before them. Sometimes they just try to barrel the bills through but this time the Minister felt the concerns were too strong.?
