To All Ontario Family Physicians                                        March 8, 2006.

Physicians on the Front Lines

Conscripted, Coerced and Unprotected

The COFP believes you should be aware of the potential infringement on your personal and professional rights if Bill 56, The Emergency Management Statute Law Amendment Act , is passed this summer. This bill has raised the consternation of many professional health groups.

Bill 56 (click here to view online)  gives the Ontario Government the right to ”authorize” any person reasonably qualified to provide services in a declared emergency such as a pandemic in a geographic area deemed in need of said services. Although the bill does not specifically cite physicians, it nonetheless raises important questions about what the government's plans are for Ontario physicians in times of crises.

This power is outlined in 7.0.2. (4) 12 of the bill under  Emergency orders:

(4)  In accordance with subsection (2) and subject to the limitations in subsection (3), the Lieutenant Governor in Council may make orders in respect of the following:

12. The authorization of any person, or any person of a class of persons, to render services of a type that that person, or a person of that class, is reasonably qualified to provide.

The bill imposes harsh penalties for those who refuse to follow the directives of the government. Refusal to comply could result in a fine of $100,000 and one year in jail for each day they refuse to obey.

There is no escaping the fact that these directives are intended to mandate the involvement of physicians, upon advice from the emergency management czar. Even corporations are included in the proposed legislation (officers can be mandated); you cannot escape by incorporating.

The lack of clarification from the government regarding the inclusion of physicians in the Bill remains disconcerting and portends that the Ontario Government continues to show disrespect for our profession. As of this writing, Community Safety and Correctional Services Minister Monte Kwinter's office has not responded to similar concerns expressed by other health professional organizations.

We have seen Ontario physicians suffer and die in the SARS crisis without compensation for their families. It is disconcerting that the initial impression the government seems to be presenting is a disregard for physicians' safety.

We believe that Ontario physicians want to help during a pandemic and that conscription is utterly unnecessary. During a crisis, physicians must have a guarantee that they will receive:

• Adequate protection from the risks of infection or injury.
• A supply of antiviral medications before exposure to risk.
• Danger pay during the crisis.
• Compensation funding to families of those physicians who get sick or die.

Some physicians have already spoken out in the media expressing their concerns:

"I have already given the best years of my life training to become a physician and in providing care. Now that I have a family, do not ask me to sacrifice myself in a pandemic for which most medical treatments will be useless anyway ”. – Dr. Merri Fullerton, Kanata

“It is one thing to have orphan patients, but a completely different thing to orphan your own family”. – Dr. Ken Milne, Goderich

We applaud the Ontario Medical Association for joining with us to bring pressure to bear on the Ontario Government to ensure the safety of physicians and their families. We stand ready to support these efforts and encourage our members to contact their OMA representatives.

Sincerely,

Douglas Mark MD, President

and the Board of the Coalition of Family Physicians of Ontario

PS: Don't forget to mark your calendars for our June 3 rd , 2006 Conference at the Westin Prince Toronto Hotel. We are excited to announce that British Columbia's nominee for CMA President Elect Dr. Brian Day will be one of our keynote speakers. Stay tuned for complete details soon.

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