Legislative Council Repeals And Replaces
Outdated Medical Act

Among the matters on the Order of the Day during the March 31st sitting of the Legislative Council was a motion brought by Minister of Health the Honourable Eileene Parsons to repeal and replace the Medical Act 1938, Chapter 183.

The Medical Act, 2000 had its second and third readings and after some amendments, which came through discussion in committee stage, the motion was carried. The new legislation provides for up to date matters relative to medical, dental and allied health practitioners. It is divided into four parts.

The first part addresses matters concerning medical and dental practitioners. It particularly establishes the Medical and Dental Council, which shall be a body corporate, having all the powers attributed to such a body. "The Council is empowered to consider all applications and give directions with respect to the registration or otherwise of applicants wishing to be registered as medical or dental practitioners and the rights, liabilities and obligations of such practitioners," the Health Minister explained. She said further, provision is made relating to the institution of disciplinary proceedings against persons who contravene or fail to comply with the prohibitions or requirements of the draft Bill. Part two of the Act makes provisions relating to Allied Health Practitioners and establishes the Allied Health Professionals Council, with similar powers as those conferred on the Medical and Dental Council. "It also outlines the rules pertaining to the registration of persons as allied health practitioners, as well as the rights, liabilities and obligations of such persons," Hon. Parsons continued. The sale of drugs and poisons is dealt with under part three, which sets out the requirements in dispensing drugs and the need for the registration of persons selling drugs. It also provides restrictions on the sale of poisons and prohibitions on the sale of narcotic and psychotropic substances and unfit drugs generally.

"The last part of the draft Bill deals with miscellaneous matters, such as exemptions, appeals, lodging of complaints, payment of fees into the consolidated fund, regulations, penalties etc.," she told the House. For his part, Leader of the Opposition Dr. the Honourable Orlando Smith was very pleased to see that after many years, this Act came before Council for passage. "It is something that I have worked on many years ago, assiduously, and tried very hard to get passed into this House," the former BVI Chief Medical Officer stated. He said he realized at that point, the need to regulate the practice of medicine in this country. In making his contribution to the debate in the House last Friday, Dr. Smith underscored the importance of registering Doctors. He said this is extremely important because it makes certain that the doctors who are allowed to practice in the BVI are properly qualified and if the qualifications are false, there are certain penalties.

Referring to the provision for the continuing medical education of doctors, the Opposition Leader said this obtains in most developed countries. He said doctors are obligated to give evidence on a regular basis of their continued education, in order to maintain their registration. "The other aspect of the Act, which includes the registration of Allied Health Professionals, that again is something which was needed," Dr. Smith contended. He said before this Act was even considered, persons were allowed to get into any field, merely on the claim that they are qualified. He said now, they have to prove that they have the requisite qualifications and a sign must be placed over the window of a pharmacy, for example, to indicate that a registered Pharmacist is in attendance. "This will ensure that the members of our community will get the correct medicine once it is prescribed by the doctors," the doctor stated. The other medical practitioner on the opposition side of the House, Dr. the Hon. Kedrick Pickering, Member for the 7th District, also rose in support of the new Act. He said despite the Bill's shortcomings and in some areas, shortsightedness, when one considers that the territory was operating under a 1938 Act, it is easy to understand that this was long overdue. "I think it is also imperative for us to give credit where credit is due, because, in his capacity as Chief Medical Officer for all those years, he (Dr. Smith) tried tirelessly to get this Act before the House, with no success," said Hon. Pickering.

He said the Minister therefore is to be highly commended for her foresight in bringing this Bill before the House at this time. He said the shortcomings are there, but as time goes by, amendments will have to be made and if necessary the entire Act might have to be removed and a new Act put in place, "but we couldn't continue to operate under the circumstances that existed at this present point in time." The Representative for District 7 said this is surely not a work of genius and it is not the most far-sighted piece of legislation possible, but it is certainly better than what was there before. "In order for this Act to be of any use to the community at large, the onus for the success of this Act lies with the Council, the Medical Council," the doctor suggested. He noted that the Act gives the Medical Council far-reaching powers to be able to institute rules and regulations for the governance of medicine and in general the health services in this country. "So, when the Medical Council is being constituted, I think it is extremely important that careful thought be taken to ensure that those who are chosen to serve on the Council, are not only the most suitably and most qualified individuals, but also people who have the community genuinely at heart and are going to do their best to ensure that the wider public is protected," Dr. the Hon. Pickering mooted. During last Friday's sitting also, Minister of Communications and Works Hon. Alvin Christopher presented the BVI Electricity Corporation's Annual Report for 1998; the Attorney General Hon. Cherno Jallow moved the introduction and first reading of the Bill entitled "Drug Trafficking Offences (Amendment) Act, 2000 and Minister Parsons also moved the introduction and first reading of the "Derelict Vehicles (Disposal) Act, 2000.