Several doctors are suing the New Brunswick College of Physicians and Surgeons over their licences. (iStock)

The organization that licenses doctors in the province says some New Brunswick physicians are caught in a legal catch-22 over where they can practise.

Several doctors are suing the New Brunswick College of Physicians and Surgeons over their licences.

Those who went to foreign medical schools can't get licences to practise in other provinces.

That's despite a three-year-old agreement that was supposed to give them mobility rights.

Dr. Henry Houshmand says the wording of the 2009 agreement on internal trade, which covers the licensing of professions, seems clear to him.

"If you have a full licence in any province in Canada, you can practise in other provinces."

But Houshmand can't get a licence from the Ontario College of Physicians — because it doesn't consider a New Brunswick licence equivalent.

The various provincial colleges have agreed on mobility for doctors with full licences.

But for those with conditional licences — including doctors with foreign medical degrees — it's been three years with still no agreement on transferability.

Dr. Heidi Oetter is chair of the Federation of the Provincial Colleges.

"We're totally committed. It's just sometimes the wheels that turn can be rather slow, just because of the nature of getting things through legislatures and regulation change," she said.

Until all provinces have agreed on changes, existing restrictions in the law trump the political agreement on mobility, Oetter said.

But John Barry, lawyer for New Brunswick's College of Physicians, says the internal trade agreement should be honoured and Houshmand should be free to go work in Ontario now.

"New Brunswick supports them as being excellent doctors, with excellent clinical skills. They were approved here, they went through a peer assessment in order to be recognized in their specialty fields here in New Brunswick," Barry said.