Press release

Bill 54

The FMSQ Underscores Physicians’ Professional Integrity

Montreal, February 6, 2007 – In its presentation to the Commission des institutions, the FMSQ (the Federation of Medical Specialists of Quebec) stated that it finds Bill 54 (an Act amending the Professional Code and Pharmacy Act, and the related Code of Ethics) serves little purpose. Although the Bill appears to cover all 45 professional orders in Quebec, the FMSQ considers that the only reason it really exists is the question of the relationship between physicians and pharmacists. 

Attack on professional autonomy

“Bill 54 and its underlying amendments reflect a distrust of the medical profession,” said FMSQ spokesperson and President, Dr. Gaétan Barrette. “It is an attack on the professional independence of Quebec physicians, calls their integrity into question, subjects them to special legislation that applies to no other profession, and threatens the financial viability of office practice”.  The FMSQ considers that the controversy surrounding physician/pharmacist relations has the added effect of needlessly delaying passage of the regulations concerning corporate medical practice, and has asked that this matter be resolved once and for all.

The FMSQ however condemns any practice that endangers physicians’ professional independence, including rebates given for patient referral. The Federation believes that such situations are purely anecdotal and that the Collège des médecins already has the means to act in this matter. 

The FMSQ deplores the arbitrary nature of the proposed amendments to the Medical Code of Ethics, because they reveal an unjustifiable political desire to consistently restrict the scope of medical practice.

The FMSQ stated its opposition to the outright prohibition of physicians receiving any type of benefit in the practice of their profession.  Such benefits do not of themselves create a conflict of interest and, instead, require a proper analysis of the situation.  The current text already provides for such an analysis and is compatible with practices in the other provinces.

The FMSQ also opposes the outright prohibition of physicians enjoying the material benefits of being able to occupy a building or space granted by a pharmacist or other person should there be a real or apparent conflict of interest. Lower rental rates do not necessarily place physicians in a situation where a conflict of interest exists, but instead tend to demonstrate the ability to negotiate or the need to ensure the economic viability of a clinic to serve the public.  Here again, the current text already enables problem situations to be avoided and, should this prove inadequate, specific guidelines would identify areas to be avoided, such as the prohibition of patient referral which is found in most other provinces.

Code of Ethics Adequate

The FMSQ also informed the Commission of its objection to physicians being required to certify their adherence to their ethical obligations.  Compliance with ethical duties and obligations is not dependent upon the insertion of a clause in written agreements.  The Federation pointed out that such duties and obligations originate with the professional oath sworn by physicians and with their Code of Ethics, and that they remain regardless of written or verbal agreements.  The FMSQ considers the above requirement insulting to Quebec physicians, imposing on them conduct not required from other professionals.  As to the clause authorizing the sending of such an agreement to the Collège, the FMSQ considers this to be a needless addition and that the professional orders already have all the powers necessary to deal with such matters.

The Federation did not comment on the first three amendments to the Bill, other than to state that it favours the introduction of a new infraction with regard to third parties who knowingly assist members of professional orders to contravene a provision of the Code of Ethics.  With regard to the fourth suggested amendment concerning an 18-month transition period for certain rentals given physicians, the Federation believed this article to be unnecessary if section 73.1 is not adopted. 

The Federation of Medical Specialists of Quebec numbers nearly 8,000 members, representing 35 specialties. The sole agency recognized by government to negotiate collective agreements for medical specialists, the FMSQ is also consulted on every aspect of the organization of medical care in Quebec.

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