Prevention of Discrimination in Licensing on Grounds of Health Condition (Legislative Amendments) Bill

What does the bill do?

In the Physicians Ordinance, the Psychologists Law, the Dentists Ordinance, the Pharmacists Ordinance, the Social Workers Law, and the Regulation of Practice of Health Professions Law, mental illness was included in the definition of "dangerous illness," and in some of these enactments it was even included in that definition regardless of the question of its effect on the ability to practice the profession or of a possible danger to the health of the people under the professional's care. This law amends these enactments and aligns them with the spirit and provisions of the Equal Rights for Persons with Disabilities Law, by deleting the definition of "dangerous illness" and the references to it, and correspondingly amending the provisions concerning the powers granted to licensing authorities regarding examining the medical fitness of license applicants and professionals. Thus, among other things, if the licensing authority has a reasonable concern that an applicant for a license to practice the professions regulated in these enactments has an impaired capacity, including due to illness, that may in the circumstances deprive them of the ability to practice the profession entirely, temporarily or partially, or that may in the circumstances harm the health of people under their care, it may require the applicant to appear before a medical committee for examination. Similarly, the licensing authority may require a professional to appear before a medical committee for examination if it finds that they have such an impaired capacity. In addition, the law amends the composition of the medical committees that examine the medical fitness of license applicants or professionals, in cases where they are required to appear before such a committee for examination, and deletes the provision referring to a special composition in the case of an examination of mental fitness. The law also amends the composition of the medical committees so that it includes two specialist physicians and a representative who is a member of the same profession under discussion. Finally, the law amends the Foster Care for Children Law, which set that one of the conditions for receiving a foster care license is that neither the applicant nor any person living with them has a mental impairment, limitation or illness that could impair their ability to serve as a foster parent or harm the child in any way, and deletes the explicit reference to mental impairment, so that this condition refers to any impairment that could cause such harm. It is clarified that this law does not detract from the authority granted under these enactments to licensing authorities to examine the medical fitness of license applicants and professionals.