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Winter-Spring 2009

College offices move Monday, April 27

The offices of the College of Physicians and Surgeons of Nova Scotia will move to Suite 5005 - 7071 Bayers Road (the former Zellers location) on Monday, April 27. Members are asked to use the following address as of that date.

College of Physicians and Surgeons of Nova Scotia
Suite 5005 - 7071 Bayers Road
Halifax, Nova Scotia
B3L 2C2

Phone, fax, website and e-mail addresses will remain the same.
The move will provide easier access and parking for visitors and will enable staff to work more efficiently on one floor as opposed to the previous two.

What you need to know about FRPA and AIT

The recent passage of the Nova Scotia Fair Registration Practices Act (FRPA) and recent amendments to the Mobility Chapter of the Agreement on Internal Trade (AIT) have generated a lot of attention in recent months. For those who value professional self-regulation, their passage signifies a shift toward greater government oversight. This oversight will put pressure on professional autonomy and is quite possibly the shape of things to come. More immediately, these two pieces of legislation will increase the expenses of the College and other professional regulatory bodies due to the reporting, procedural adjustments, data collection and legislation reviews they require.

Historically, governments have allowed self-governing bodies such as the College to manage their own affairs under a statutory mandate, typically to protect the public interest (through licensing, discipline and standard-setting) and to preserve certain aspects of their professions’ interests. However, the prospect of a shrinking workforce and the desire to attract workers from other places have sometimes led governments to regard the licensing processes of self-governing professions as encumbrances rather than the major public assets they are.

With FRPA, the Nova Scotia legislature has enacted a Fair Registration Practices Code that sets very clear requirements about the process (not the standards) for admission to a profession. Quite reasonably, the code expects that rules must be clearly published, that decision-makers must be trained and that there must be appeal processes. The College welcomes these requirements as complimentary to its existing efforts toward greater transparency.

However, FRPA also mandates ongoing public oversight of key aspects of the self-regulatory bodies’ activities. In the College’s case, there will be government oversight of the initial physician licensing processes. The College will report periodically as required to a publicly appointed Review Office to ensure that initial registration processes are fair and timely. Failure to meet certain requirements could lead to sanctions. While it is hoped that this government oversight will not be particularly onerous or politicized, it will certainly change the dynamics of medical professional regulation in this province.

The AIT represents a significant national move to increase mobility and eliminate differences in registration requirements across all the professions and trades. Licensing of physicians will remain a provincial responsibility; there will not be a national license. Physicians are still required to apply and hold a license in the province where they work. The vast majority of Canadian physicians who have been educated and trained in Canada have always been fully mobile throughout the country and the AIT will not affect them. Furthermore, it only applies to physicians who are presently licensed in Canada, and not to those applying for a license for the first time. Physicians who are licensed in a Canadian jurisdiction and do not intend to move to another should not be affected in any way by AIT.

Those most affected may be physicians who have a full and unrestricted license in one province but do not have the licensing requirements for a full and unrestricted license in another province. The AIT should allow (with few exceptions) a physician with a full and unrestricted license to receive a full and unrestricted license in any other province or territory in Canada on application and if they are in good standing. For those physicians, holding licenses with conditions or restrictions the AIT may improve their ability to be licensed in another province proving the other province is able to apply the same conditions and restrictions. But it is still not completely clear what real change or impact the AIT will have on physician mobility.

The recent AIT amendments may have the potential to restrict the type of information the College can require from applicants from other jurisdictions, which may in turn limit the College’s ability to protect the public. The AIT will also likely have an enforcement mechanism in the form of penalties against provinces where professions are not in compliance, and the effects of this remain to be seen.

Many concerns have been raised about the potential for the labour mobility provisions in the AIT to deplete physician populations in certain rural areas and provinces. Others argue that with the AIT the lowest licensing standard will eventually apply nationally. The provincial Colleges of Physicians and Surgeons have met on a number of occasions about this and are determined, if anything, to work together for the highest national licensing standards for public safety.

FRPA and AIT have changed the fundamental ground rules of self-governance. The College worked closely with other Nova Scotia self-regulatory bodies to lobby for amendments to early drafts of FRPA, with some notable success. The College will continue to monitor developments in this area and will communicate with its members as events warrant.

Guidelines and Policies approved by Council

The following guidelines and policies have been approved by Council since December 2008.

Policy Regarding Accepting New Patients
www.cpsns.ns.ca/publications/accepting-patients.htm
This new policy details the College’s expectation that physicians who are accepting new patients do so on a first-come, first-served basis and not use techniques to select “easy patients” and/or screen out those with more difficult health concerns, such as chronic or terminal disease. Limited, specific exceptions are described in the policy. This new document was approved by Council at its March 27, 2009 meeting.

Responsibilities When Closing a Medical Practice
www.cpsns.ns.ca/publications/responsibilities-closing-practice.htm
This new document was approved by Council at its March 27, 2009 meeting.

Guidelines for Retiring Physicians Regarding Licensing and Notification
www.cpsns.ns.ca/publications/retiring-physicians.htm
This newly revised document was approved by Council at its March 27, 2009 meeting.

Guidelines for Medical-Legal Reports
www.cpsns.ns.ca/publications/medical_legal_reports.htm
This is a joint publication of the Nova Scotia Barristers’ Society and Doctors Nova Scotia that was originally released in 1993 and first endorsed by the College in 2001. Council re-endorsed this document at its December 5, 2008 meeting.

2009 Council election results announced

The three Council seats open for election in 2009 have been filled by acclamation. In District 5 (Halifax County), Dr. Ethel Cooper-Rosen, a Dartmouth family physician, has retained her seat for a further three-year term, as has Dr. Fiona Bergin, a Halifax family physician.

In District 1 (the Counties of Antigonish, Guysborough, Inverness, Richmond, Victoria and Cape Breton), Dr. Farokh Buhariwalla, a family physician in Sydney, has won by acclamation the seat vacated by former College president, Dr. Rex Dunn. Dr. Buhariwalla will complete the remainder of Dr. Dunn’s Council term, which expires in June 2010.

NS physicians asked to nominate colleagues for major professionalism award

The College of Physicians and Surgeons of Nova Scotia, in partnership with the Humanities in Medicine Program at Dalhousie University Medical School, has established an annual province-wide award to honour a Nova Scotia physician who exhibits outstanding professionalism in the practice of medicine. This award complements the existing Gold Headed Cane award that is given annually to a physician in the Dalhousie University Faculty of Medicine.

The award was first presented on September 24, 2008 to Dr. Lynn Johnston, an Infectious Disease specialist in Halifax.

The Gold Headed Cane Award honours a physician who exemplifies selflessness, altruism, accountability, excellence, duty, service, integrity and respect for others. This award is open to all practicing physicians in Nova Scotia. It is not a teaching award and is not assessed on length of professional service.

Presentation of the next award will take place in late September 2009 at the annual Gold Headed Cane Awards Dinner for the Humanities in Halifax.

College members are encouraged to nominate deserving peers for this significant professional recognition. Nominations will be reviewed in confidence by a six-member committee consisting of physicians and a member of the public.

Nominations must be received no later than Friday, June 19, 2009, and should include the following:

• A typewritten letter of no more than three pages (10-point font minimum) to include:

o Name, address, and phone number of nominator (a practicing physician licensed in Nova Scotia)
o Name, address, and phone number of nominee (a practicing physician licensed in Nova Scotia)
o A description of how this individual exhibits outstanding professionalism in the practice of medicine as defined by selflessness, altruism, accountability, excellence, duty, service, integrity and respect for others.

• A brief biography of the nominee

Successful nominees should be prepared to attend the Gold Headed Cane Awards Dinner in late September 2009.

For further information, please contact Ms. Pat Pettit at the address below.

Nominators will be notified of the Committee’s decision by early September 2009.

Please mail or courier the nomination in a sealed envelope marked “confidential” to:

Ms. Pat Pettit
Director of Administration
College of Physicians and Surgeons of Nova Scotia
Suite 5005 - 7071 Bayers Road
Halifax, Nova Scotia
Canada
B3L 2C2
Phone: 902-421-2200
E-mail: ppettit@cpsns.ns.ca

MSI and College stress ethical practices in consulting and billing

Unfortunately, complaints to the College involving unethical billing practices are not uncommon. An important source of information on appropriate billing practices is the preamble to the MSI physician’s manual, which has recently been updated and distributed to all Nova Scotia physicians. This material is also available on the members`side of the Doctors Nova Scotia website. Physicians are expected to familiarize themselves with this document and to comply with it when consulting with patients and submitting billings.

Of particular importance is section 5.4.5, which states:

When physicians are providing non-insured services, they are required to advise the patient of insured alternatives, if any exist.

A hypothetical example of a breach of this section is as follows:

A new technology has arrived on the market for the management of Condition X. Although the short-term outcomes look promising, there are no long-term studies yet available. Some physicians have chosen to purchase the equipment for their office or clinic knowing that it is not yet an insured technology and are providing this uninsured service to their patients and charging their private fee.

There are other methods of managing Condition X, the long-term outcomes are well known, and these methods of treatment are insured.

After discussing the treatment options with the patient, the patient may leave the consultation believing that the new technology is the only available option for their condition.

It is essential to discuss the insured and uninsured alternatives to the patient in fair and unbiased terms.

The CMA Code of Ethics (endorsed by the College) also includes several other relevant points in this area:

7. Resist any influence or interference that could undermine your professional integrity.

11. Recognize and disclose conflicts of interest that arise in the course of your professional duties and activities, and resolve them in the best interest of patients.

13. Do not exploit patients for personal advantage.

16. In determining professional fees to patients for non-insured services, consider both the nature of the service provided and the ability of the patient to pay, and be prepared to discuss the fee with the Patient.

23. Recommend only those diagnostic and therapeutic services that you consider to be beneficial to your patient or to others. If a service is recommended for the benefit of others, as for example in matters of public health, inform your patient of this fact and proceed only with explicit informed consent or where required by law.

For further information about MSI and its policies, please contact:
Dr. Karen A. Sample
Medical Consultant, MSA Assessment
(902) 496 -7145
karen.sample@medavie.bluecross.ca

The College has produced or endorsed the following guidelines that may also be of interest to physicians in this area:

Physicians and the Pharmaceutical Industry
www.cpsns.ns.ca/publications/physicians-pharma.htm

Conflict of Interest Guidelines
www.cpsns.ns.ca/publications/conflict-of-interest.htm


Patients’ choice of midwifery not grounds for discrimination

As described in a March 18 press release from the Nova Scotia Department of Health, women in Nova Scotia will increasingly have access to publicly-funded midwifery services as the province begins the integration of midwives to primary maternity care tems.

The College has learned of a recent instance in which a physician allegedly refused to treat a patient who was contemplating using the services of a midwife once the act permitting midwives to practice was ratified. Such discrimination would be unethical and potentially harmful to the patient involved.

The College has and will be involved in midwifery regulation and reminds its members that midwives are now legally practicing members of maternity care teams in this province. Patients who are considering or who have chosen the services of a midwife expect and deserve to be treated in a non-discriminatory manner by their physicians.

New criminal code provisions may compel MDs to collect and surrender patients’ blood to police when intoxication suspected

Editor’s Note: The material below was provided by the Provincial Impaired Driving Countermeasures Coordinator. Physicians with questions are encouraged to contact the Coordinator (see contact information below).

Former federal Bill C-2 which was put into force on July 2, 2008 contained a number of “Tough On Crime” provisions. Some related to increased police powers during drug impaired driving investigations and the Drug Evaluation & Classification Program which has been in existence in the U.S. since the 1970’s and in Canada since 1995.

At the core of this enabling legislation is The Drug Recognition Evaluation. It is only undertaken if there are reasonable and probable grounds to believe the driver has committed the offence of being impaired by drug(s) or a combination of drugs and alcohol (and where the driver’s BAC does not exceed the legal limit). This examination is conducted post-arrest in the controlled environment of the police facilities. It typically takes 35-40 minutes to complete and is comprised of five psycho-physical tests as well as the examination of clinical signs such as body temperature, blood pressure, muscle tone, pulse rate, pupils size (room light, dark room, direct light), reaction to light, lack of convergence, and others.

At the conclusion of the drug evaluation, the “evaluating officer” (as defined in The Criminal Code section 254-1) forms an opinion as to “impairment” and also as to what category or categories of drugs may be causing the impairment.

Whereas hundreds of these evaluations were conducted in Canada strictly on a voluntary basis prior to July 2nd 2008, the legislation now authorizes the police to demand drivers (with the required pre-requisite beliefs) to be subjected to an evaluation (254-3.1 CC). Refusing to comply parallels and carries the same penalties as refusing a demand for a breath or blood sample in alcohol related impaired driving cases. Further, if at the conclusion of the evaluation, the evaluating officer reasonably believes there is impairment, a further demand can be made for a sample of either saliva, urine (254-3.4-a CC), or blood (254-3.4-b CC) . These samples are later analysed by the RCMP Forensic Lab and must corroborate the opinion of the evaluating officer as to the category of drug(s) he/she believes is causing the impairment.

While saliva & urine can be collected by police, blood samples can only be taken by a “qualified medical practitioner” (254-1 CC) and the concerns regarding the safety and well-being of the patient must be met. Traditionally, the toxicological choice of the evaluating officer has been urine but we understand the advantages blood analysis has over urine, specifically related to what is presently in the body versus what had been ingested in the past, possibly days, weeks or months ago.

We provide this background on our program and the new Criminal Code provisions in order to enlighten qualified medical practitioners as to the legal environment involved in assisting peace officers in obtaining blood for drug related impaired driving investigations.

Physicians with questions are encouraged to contact:

Constable Scott D Macdonald
Provincial Impaired Driving Countermeasures Coordinator
Drug Evaluation & Classification Program Provincial Coordinator
Nova Scotia Department of Justice
Phone: 902-722-1028 (office)
Cell: 902-240-1590 (cell)
E-mail: macdosd@gov.ns.ca

May 16 CME on ultrasound for central line placement and other procedures - Of particular interest to anesthetists, surgeons, internists, and intensivists

The use of guided ultrasound for central line placement and other procedures is quickly becoming the standard of care in jurisdictions around the world. On Saturday, May 16, the Dalhousie Department of Anesthesia will present ``Ultrasound for Basic Anesthesia Practice: A Standard For The Future?``

This CME-accredited event will demonstrate the utility of ultrasound in day-to-day anesthesia practice and will enable participants to identify vascular and neural structures for central line placement and simple regional techniques. Skills in scanning, needling, and probe handling will also be practiced.

The program will begin at 8 a.m. at the Clinical Skills Center, Bethune Building, VG Site, and will conclude with an evening dinner and wine tasting at the Westin Nova Scotian.

For a brochure, agenda and registration materials, please visit:
http://anesthesia.medicine.dal.ca/education/ultrasound.php

For further information on the safety benefits of using ultrasound guidance to place central lines, see ``Use of ultrasound-guided central venous catheter insertion urged`` on pp. 24-25 of the College of Physicians and Surgeons of Ontario Dialogue

CAPP to hold next assessment June 8 and 9

The next assessment by the College’s Clinician Assessment for Practice Program (CAPP) will be held on Monday, June 8 and Tuesday, June 9.
Potential candidates are reminded that they must undertake a review of credentials through the College of Physicians and Surgeons of Nova Scotia prior to a referral to CAPP.

The review of credentials is an online process that is available at:
www.cpsns.ns.ca/Registration/credentials-review.htm

IMG physicians who previously attempted the CAPP assessment and were not successful in being deemed eligible for defined licensure may now reapply for a second attempt at the CAPP assessment (Therapeutics Examination and OSCE) without additional training approved by the College of Physicians and Surgeons of Nova Scotia.

Those interested should contact the College’s Registration Department (see contact information at the bottom of this newsletter). Please note that limited space is available for the June 2008 assessment.

CME-Accredited IMG mentoring workshop on May 30 in Halifax

The College of Physicians and Surgeons of Nova Scotia, in conjunction with the Dalhousie University Department of Continuing Medical Education, will offer a one-day workshop for educators/mentors of international medical graduates. This workshop will address the roles and expectations of physician mentors/educators.

College guidelines require that all physicians with a defined license be mentored for the first year of practice in Nova Scotia. Accordingly, the workshop will provide mentors and prospective mentors with an opportunity to acquire useful skills and knowledge, with a focus on:

1. Providing feedback to IMGs;
2. Developing a practical approach to determine the learning needs of individual IMGs;
3. Integrating those needs into educational planning; and
4. Supporting learners to practice reflectively, to engage in life-long learning, and to assess their own performance and learning needs.

Facilitator:
Dr. Allyn Walsh, MD, School of Medicine, McMaster University

Location:
Marion McCain Arts and Social Sciences Building
6135 University Avenue, Halifax, Nova Scotia

Date/ Time:
Saturday, May 30, 2009 from 9:00 a.m. to 4 p.m.

CME Credits:
CME accreditation for this event is pending. Please contact Sandra Taylor (see below) for more information

Fee:
The workshop is generously funded by a grant from the Association of Faculties of Medicine of Canada. There is no fee for attendance.

A light lunch will be provided

Registration:
Please complete the registration form at www.cpsns.ns.ca/IMG-mentoring-registration.pdf and forward to amombourquette@cpsns.ns.ca or fax to the attention of Amada Mombourquette at: (902) 422-7476

For further information contact:
Sandra Taylor, Mentorship Coordinator, College of Physicians and Surgeons of Nova Scotia.
staylor@cpsns.ns.ca or fax: (902) 422-7476

NSPAR update

Survey Interpretation Guide Released
Physicians often want to know more about the ratings they receive from their peers during a review by the Nova Scotia Physician Achievement Review (NSPAR) program. To help answer this question, NSPAR organized two focus groups in 2008 with family physicians and specialists who had each completed at least two NSPAR reviews for family physician colleagues.

These 24 physicians reviewed the questions in the NSPAR family physician questionnaire and described what behaviours would likely lead them to assign a high or a low score in each instance. Their comments reflect the qualities that Nova Scotia physicians value most in their family physician colleagues, and are an important resource for family physicians who wish to get the most out of their NSPAR review.

This feedback has been collected is now available in a user-friendly Survey Interpretation Guide that further enhances the value of an NSPAR report.

Although the research looked specifically at family physician’s NSPAR reports, the contents of the Survey Interpretation Guide should also be useful to specialists when reviewing their NSPAR report.

Pediatrics Version Coming Fall 2009
The Nova Scotia Physician Achievement Review (NSPAR) will launch its “pediatrics version” in autumn 2009. This will be the first time that most pediatric specialties will be included in the program, and many physicians practicing in a pediatric capacity will now be eligible to complete the NSPAR review process.

Approximately 20 physicians with a pediatric-based practice will be randomly selected to participate in NSPAR each year beginning in October 2009. Eligible physicians participate in an NSPAR review at some point every seven years.
NSPAR is a program of performance assessment and feedback that provides physicians with practical information about their practices as viewed by their medical colleagues, co-workers and patients. Physicians who complete the review receive a confidential report containing individualized data and comparisons to the average scores of other physicians in similar practices.
NSPAR reports for individual physicians are protected from use or disclosure in any disciplinary process or legal proceeding. NSPAR fulfils the College’s obligation under the Nova Scotia Medical Act to conduct peer assessment. In accordance with the Act, participation is mandatory, subject to a limited set of exemption criteria.

A 45-minute presentation and question/answer session on NSPAR and its extension to pediatrics will be held at the IWK Health Centre on Tuesday, May 26 at 5:00 p.m. (Parker Reception Room, main floor Women’s Site, 5980 University Avenue).

Interested physicians are also encouraged to consult the NSPAR website, www.nspar.ca, which contains detailed program information.

Non-Insured Health Benefits (NIHB) Program releases important re. patients at risk of benzodiazepine and opioid misuse

Editor’s Note: The following information was supplied by the Non-Insured Health Benefits (NIHB) Program of Health Canada. Please forward any questions to the contact at the bottom of this article.

The Non-Insured Health Benefits (NIHB) Program of Health Canada provides coverage for a limited range of health benefits, when they are not insured elsewhere, to more than 793,000 First Nations and Inuit. The Program is a national, needs-based health benefit program that provides coverage for a specified range of medications, dental care, vision care, medical supplies and equipment, short-term crisis intervention mental health counselling, and medical transportation for eligible First Nations and Inuit Canadians.

In January 2007, the NIHB Program first implemented the NIHB PMP with a focus on benzodiazepine and opioid use in Alberta. The process of how the program works has changed since its first implementation (outlined below). The NIHB PMP complements existing drug use evaluation (DUE) activities within NIHB, including the point-of-sale “NE” warning code for benzodiazepines, opioids and methadone and the quantity limit on acetaminophen. The NIHB PMP has been reviewed and endorsed by the NIHB Drug Use Evaluation Advisory Committee (DUEAC), an external committee made up of physicians and pharmacists. Further information on the DUEAC can be found on the NIHB website.

The NIHB PMP is based on retrospective evaluations of a client’s benzodiazepine and/or opioid use against established Program indicators and when appropriate, places limits on that individual’s continued access to these medications in cases of potential overuse. The NIHB Program will reject payment for claims submitted by pharmacists for benzodiazepines and/or opioids for clients in the NIHB PMP at the point-of-sale. Following receipt of this rejection message, the pharmacist will be required to contact the NIHB Drug Exception Centre (DEC) in order to initiate the prior approval process.

At this point, the DEC will fax a letter to the client through the pharmacy informing the patient of their placement in the NIHB PMP. They will also receive a letter to be given to their prescriber of choice. The NIHB PMP Program requires the client to find a physician who will agree to be the only prescriber for benzodiazepine and/or opioid prescriptions in order for NIHB to continue payment for these medications.

This letter contains a section that is required to be completed by the physician and faxed back to NIHB as soon as possible to facilitate continued access to the medication. Once NIHB has a sole prescriber on file with the program, the claims processing system will be updated accordingly to allow payment for prescriptions issued by this prescriber. Please note that the pharmacist will be allowed to dispense a small amount of the drug (7 day supply) upon approval by the DEC.

Physicians with questions about this program are asked to contact Nicole Métivier, BSc Pharm, at 1-877-559-9986.

Spring lectures to focus on neuroscience funding and physician communications

The following two free public talks will take place in the QEII Royal Bank Theatre, Halifax Infirmary, 1796 Summer St.

Funding For Neuroscience Research – Who Should Pay? How? Why? - Jason Scott Robert, Bioethicist, Arizona State University. 7:30 p.m, Wednesday, April 29.

Patients’ Voices Matter – What Doctors Can Learn From Talking With Patients -Mark Bernstein, Neurosurgeon, University of Toronto. 7:30 p.m, Wednesday, June 10.

For further information, visit the “Events” section of www.noveltechethics.ca

CME-Accredited Blood Management Meeting April 18-19

The Perioperative Blood Management Program, a satellite program of the Department of Anesthesia at Capital Health, is hosting a CME Regional Blood Management Meeting on April 18 and 19 at the Prince George Hotel at 1725 Market St. in Halifax.

International and local presenters will speak on a number of topics related to anesthesia, surgery, obstetrics, blood component/product utilization and blood management strategies.

For more information and registration forms please visit: http://anesthesia.medicine.dal.ca/education/regional-blood.php.

MedEffect Canada provides essential safety information to health care providers and patients


MedEffect Canada is a federal government program that provides centralized access to safety information about marketed health products in an easy-to-find, easy-to-remember location.

The program provides access to the latest advisories, warnings, and recalls issued by Health Canada concerning therapeutic drugs as well as other marketed health products, including natural health products and medical devices.

MedEffect Canada is available at www.healthcanada.gc.ca/medeffect.

Change of name, address or e-mail?

The College depends solely on submissions from members to keep its address information up to date. For members' protection, the College requires that change requests be submitted in writing. Address changes submitted by e-mail are acceptable if the e-mail is sent from the e-mail address the College has on record for the member.

Third-party change requests are not accepted. Name changes must be accompanied by the appropriate legal documentation. Address or name changes can also be submitted on an Address or Name Change Notification Form, which is available on the website at http://www.cpsns.ns.ca/address-name-change-form.htm or by contacting the College by phone at (902) 422-5823 or toll-free in Nova Scotia 1-877-282-7767, by fax at 902-422-5035, or by e-mail at registration@cpsns.ns.ca.

How to contact the College

A complete list of College contacts is available HERE.