BMDA Raises Concerns About Process

The BMDA expressed concerns over the inadequate consultation process for the Bermuda Health Council Amendment [No. 2] Act 2024.

A spokesperson said, “The Bermuda Medical Doctors Association [BMDA], representing over 300 physicians across Bermuda, has expressed serious concerns about the Bermuda Health Council’s consultation process for the Bermuda Health Council Amendment [No. 2] Act 2024. The proposed legislation, which includes the High-Risk Health Technology [HRHT] and Health Service Provider [HSP] Licensing Regulations, has been met with substantial feedback from the healthcare community.

“Timeline of Events:

• 13th August 2024: The BMDA received an initial consultation request from the Bermuda Health Council, notifying stakeholders about the proposed legislation and requesting feedback by 23rd August 2024. However, the BMDA was not provided with the draft legislation—only a PowerPoint summary and Excel notes were supplied.
• 23rd August 2024: The original deadline for feedback. The BMDA immediately raised concerns about the lack of sufficient information and time to provide a meaningful response.
• 29th August 2024: The BMDA attended a 90-minute virtual consultation meeting with the Bermuda Health Council. However, during this meeting, participants were not allowed to ask questions or provide feedback, which further limited engagement.
• 5th September 2024: The feedback deadline was extended, and the BMDA, along with its legal advisors, submitted formal written feedback. The BMDA highlighted several key concerns, including the lack of access to the draft legislation, reliance on judicial review, excessive criminal penalties, and unclear statutory definitions.
• 19th September 2024: The BMDA finally received the draft legislation, more than two weeks after the consultation began and after the formal feedback deadline had passed. This delay hampered the ability of the BMDA and its members to provide detailed and informed feedback.
• 20th September 2024: Despite the bill still being in draft form, it was presented to the House of Assembly for its first reading. The BMDA questioned the fairness of the process, as there was little time for the healthcare community to provide further input.

“Key Issues Raised by the BMDA:

1. Lack of Access to Draft Legislation: The BMDA was not given the actual draft of the legislation during the consultation process, limiting the ability of healthcare professionals to fully understand and respond to the proposals.
2. Inadequate Consultation Period: The 10-day consultation window, compounded by preparations for Hurricane Ernesto, was insufficient for stakeholders to thoroughly review and provide feedback on complex legislation.
3. Unreasonable Reliance on Judicial Review: The BMDA believes that the heavy reliance on judicial review to challenge decisions is impractical, expensive, and time-consuming for healthcare providers.
4. Excessive Criminal Penalties: Proposed criminal penalties for providing misleading information were deemed excessive by the BMDA, particularly given that such infractions could result in healthcare providers losing their licenses.
5. Unclear Statutory Definitions: The BMDA seeks clarity on definitions that could potentially apply to individual practitioners and health service businesses, creating unnecessary duplication of licensing requirements.

BMDA’s Call for a More Transparent Process

“The BMDA is calling for a more transparent and inclusive approach from the Bermuda Health Council. They urge the Council to provide draft legislation in a timely manner and extend the consultation period to allow for meaningful stakeholder engagement. The BMDA also recommends implementing a regulatory framework similar to that used by the Bermuda Monetary Authority, which includes written warnings, the opportunity to respond to decisions, and an appeals process through a statutory tribunal before judicial review is required.

“The lack of transparency and fair consultation has been extremely concerning. Our healthcare community deserves a proper platform to contribute to such important regulatory changes,” said a BMDA spokesperson. “We remain committed to working with the Bermuda Health Council to ensure that the proposed regulations serve the best interests of healthcare professionals and patients.”

Next Steps

“The BMDA is continuing to engage with the Bermuda Health Council and other relevant authorities to advocate for a fair, transparent consultation process.”

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