BILL 29 – 2006
HEALTH STATUTES AMENDMENT ACT, 2006

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

 
Evidence Act

1 Section 51 (1) of the Evidence Act, R.S.B.C. 1996, c. 124, is amended in the definition of "health care professional"

(a) by repealing paragraphs (a) and (b), and

(b) in paragraph (e) by adding "or continued" after "established".

 
Health Act

2 The Health Act, R.S.B.C. 1996, c. 179, is amended by adding the following sections:

Definitions respecting health information banks

10.1 (1) In this section and sections 10.2 to 10.7:

"employee" includes a volunteer and a service provider;

"health care body" means

(a) the ministry of the minister,

(b) a health care body as defined in the Freedom of Information and Protection of Privacy Act,

(c) the Provincial Health Services Authority, and

(d) a society that reports to the Provincial Health Services Authority;

"health information bank" means a health information bank designated or established under section 10.2;

"person" includes a health care body;

"personal health information" means recorded personal health information about an identifiable individual.

(2) For the purposes of sections 10.3 (3) and 10.5 (4), a reference in the Freedom of Information and Protection of Privacy Act to "public body" or "head of a public body" is to be read as a reference to

(a) a person who, or

(b) the head of a health care body that,

is authorized by an order made under section 10.2 to disclose personal health information or make a request for personal health information, as applicable.

Designation of health information banks

10.2 (1) Subject to subsection (6), the minister may, by order, designate or establish a database containing personal health information as a health information bank, if

(a) the database is in the custody or under the control of a health care body, and

(b) the collection of personal health information through the database is for a purpose set out in section 10.3 (1).

(2) An order under subsection (1) must do all of the following:

(a) identify the type or nature of personal health information to be contained in the health information bank, and the source of the personal health information;

(b) authorize an individual, by name, title or position, who is an employee of the health care body having custody or control of the health information bank to administer the health information bank;

(c) identify the purposes, as set out in section 10.3, for which personal health information may be collected, used and disclosed through the health information bank;

(d) authorize one or more persons to collect, use or disclose personal health information through the health information bank;

(e) identify one or more persons from whom personal health information may be collected, including identifying whether personal health information may be collected other than directly from the individual whom the personal health information is about;

(f) identify one or more persons to whom personal health information from the health information bank may be disclosed;

(g) identify the limits or conditions, if any, on the collection, storage, use or disclosure of personal health information contained in or disclosed from a health information bank.

(3) An order under subsection (1) may identify a person by name, title, position or class.

(4) An order under subsection (1) is not effective until it is published in the Gazette.

(5) If a health information bank is designated or established by an order under this section, personal health information may be collected, used and, subject to section 10.6 (2), disclosed by a person who is authorized to do so by the order, according to the terms of that order.

(6) The Lieutenant Governor in Council may prescribe databases, by name or by class, that are exempted from designation under this section, and the minister must not make an order under subsection (1) designating an exempted database.

Collection, use and disclosure of information

10.3 (1) An order made under section 10.2 may authorize the collection of personal health information only for the following purposes:

(a) to identify an individual who needs or is receiving health services;

(b) to provide health services to, or facilitate the care of, an individual;

(c) to identify a person who is providing health services;

(d) to manage chronic disease, at the individual or population level;

(e) to facilitate health insurance and health service billing;

(f) to assess and address public health needs;

(g) to engage in health services planning, maintenance or improvement, including

(i) health service development, management, delivery, monitoring and evaluation,

(ii) compiling statistical information,

(iii) public health surveillance, and

(iv) conducting or facilitating research into health issues;

(h) to assess and address threats to public health.

(2) An order made under section 10.2 may authorize the use of personal health information only for a purpose set out in subsection (1).

(3) An order made under section 10.2 may authorize the disclosure of personal health information only for the following purposes:

(a) if disclosure is inside Canada,

(i) a purpose set out in subsection (1) (a) to (f) and (g) (i), (ii) or (iii),

(ii) a purpose set out in subsection (1) (g) (iv), but only if the criteria set out in section 35 (a) to (d) of the Freedom of Information and Protection of Privacy Act have been met,

(iii) a purpose described in section 33.2 (b) or (f) of the Freedom of Information and Protection of Privacy Act,

(iv) to disclose personal health information to an officer or employee of the health care body that has custody or control of the health information bank, if the personal health information is necessary for the performance of the duties of the officer or employee, or

(v) for the purposes of investigation or discipline of persons regulated by governing bodies of health professions;

(b) if disclosure is inside or outside Canada,

(i) a purpose set out in subsection (1) (h),

(ii) a purpose described in section 33.1 (1) (a), (c), (g), (m) or (n) of the Freedom of Information and Protection of Privacy Act, or

(iii) a purpose for which the individual whom the personal health information is about has consented.

Requests for information

10.4 (1) A person may request a health care body or a person prescribed under subsection (3) to provide information or records that contain personal health information and that are in the custody or under the control of the health care body or prescribed person if

(a) the information or records being requested have a reasonable and direct connection to the purpose for which collection is authorized under section 10.2 (2) (c),

(b) the person making the request is authorized to collect personal health information under section 10.2 (2) (d),

(c) in the case of personal health information being collected other than directly from the individual whom the personal health information is about, the collection is authorized under section 10.2 (2) (e), and

(d) the person making the request is acting in accordance with the terms, if any, of the person's authorization.

(2) Subject to any other enactment that prohibits disclosure,

(a) a health care body, or

(b) a person prescribed under subsection (3)

to whom a request is made under subsection (1) must comply with the request in the manner and at the times requested if the information or records are in the custody or under the control of the person.

(3) The Lieutenant Governor in Council may prescribe persons who must comply with a request for information or records for the purposes of subsection (2) (b).

Complaints respecting a request for information

10.5 (1) In this section:

"commissioner" means the commissioner under the Freedom of Information and Protection of Privacy Act;

"request for information" means a request for information or records made under section 10.4.

(2) A person who receives a request for information may make a complaint to the commissioner, and the commissioner may investigate and attempt to resolve the complaint.

(3) Section 10.4 (2) is suspended, in respect of the request for information that is the subject of the complaint, during the period of the commissioner's investigation, if any.

(4) Sections 44 to 48 and 49 (1) and (2) of the Freedom of Information and Protection of Privacy Act apply to an investigation under subsection (2), and, for these purposes, a reference in those sections to an investigation, inquiry or audit under that Act is to be read as a reference to an investigation under this section.

(5) If an investigation is made under this section, the commissioner must, after the investigation, do one of the following by order:

(a) if the commissioner determines that the person making the request for information is acting within that person's authority under section 10.2, either,

(i) require the person making the complaint to provide the information or records in accordance with the request for information, or

(ii) require the person making the request for information to reconsider the request;

(b) if the commissioner determines that the person making the request for information is not acting within that person's authority under section 10.2, require the person to withdraw the request and, if applicable, destroy personal health information collected outside the person's authority.

(6) If an order is made under subsection (5),

(a) the commissioner may specify terms or conditions in the order, and

(b) the persons affected by the order must comply within 30 days of its issuance.

(7) If an investigation is not made under this section, section 10.4 (2) applies.

Information-sharing agreements

10.6 (1) A person who is responsible for administering a health information bank may enter, with a person listed in subsection (3), into an information-sharing agreement under which personal health information from the health information bank may be disclosed for a purpose authorized in the order designating or establishing the health information bank.

(2) The sharing of personal health information on a bulk or regular basis must be under an information-sharing agreement as described in subsection (1).

(3) A person who is responsible for administering a health information bank may enter into an information-sharing agreement under subsection (1) only with the following persons:

(a) an agency or ministry of the government of British Columbia, of another province or of Canada, including a Crown corporation;

(b) a health care body;

(c) an aboriginal government, an educational body or a social services body, as those terms are defined in the Freedom of Information and Protection of Privacy Act;

(d) a public body in another jurisdiction of Canada that is equivalent to one described in paragraphs (b) and (c);

(e) a health service provider;

(f) a body responsible for the regulation of health professionals;

(g) an association of health professionals;

(h) a prescribed body that is public in nature.

(4) An information-sharing agreement under subsection (1) must identify all of the following:

(a) the persons, by name, title, position or class, who may have access to the personal health information under the agreement;

(b) the circumstances in which personal health information may be disclosed under the agreement;

(c) the limits, if any, on

(i) the disclosure of personal health information by the administrator of the health information bank under the agreement, and

(ii) the use or disclosure of the personal health information obtained under the agreement by persons identified under paragraph (a);

(d) the conditions, if any, on the disclosure of personal health information under the agreement, including

(i) conditions respecting the storage of disclosed personal health information by persons identified under paragraph (a), and

(ii) conditions respecting the monitoring of compliance with the agreement;

(e) the term of the agreement and the circumstances in which the agreement may be renewed, suspended or terminated.

(5) An information-sharing agreement under subsection (1)

(a) is not effective until the agreement is approved by order of the minister, and

(b) must not be amended except with approval by order of the minister.

(6) An order under subsection (5) (a) must identify all of the following:

(a) the information-sharing agreement, by referring to the parties to the agreement and the date on which the agreement is executed;

(b) the type or nature of the personal health information that may be disclosed and the source of the personal health information;

(c) the purpose for which the disclosed personal health information may be collected or used.

(7) The Lieutenant Governor in Council may prescribe bodies for the purposes of subsection (3) (h).

Protection of privacy

10.7 Personal health information in a health information bank must not be collected, used or disclosed for any purpose other than that identified in the order designating or establishing the health information bank.

3 Section 10.3 (3) (b) (ii) is amended by adding "(e), (e.1)," after "(a) to (c),".

 
Health Professions Act

4 Section 13 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended

(a) in subsection (2) (b) by striking out "he or she was a registrant entitled to perform the service." and substituting "the person was a registrant of the college or a corporation entitled to provide the services of a registrant of the college.", and

(b) in subsection (3) (b) by adding "or a corporation entitled to provide the services of a registrant of the college" after "a person other than a registrant of the college" and by striking out "he or she" and substituting "the person performing the service".

5 The following section is added:

Responsibility of registrants not affected
by incorporation

14.1 (1) The liability of a registrant for professional negligence is not affected by the fact that the registrant practises the designated health profession as an employee of a corporation.

(2) The relationship of a registrant to a corporation, whether as a shareholder, director, officer, agent, trustee, contractor or employee of the corporation, does not affect, modify or diminish the application to the registrant of this Act, the regulations and the bylaws.

(3) Nothing in this Act affects, modifies or limits any law that applies to the fiduciary, confidential or ethical relationships between a registrant and a person receiving the professional services of the registrant.

(4) The relationship between a corporation and a person receiving services provided by the corporation is subject to all applicable law relating to the fiduciary, confidential and ethical relationships that exist between a registrant and the registrant's client.

6 Section 15 (2) (a) is amended by striking out "elections" and substituting "election" and by striking out "section 17 (3) (a)" and substituting "section 17 (3)".

7 The following section is added:

Colleges continued

15.1 (1) The British Columbia College of Chiropractors continued under the Chiropractors Act is continued as a college under this Act under the name College of Chiropractors of British Columbia.

(2) The College of Dental Surgeons of British Columbia continued under the Dentists Act is continued as a college under this Act.

(3) The College of Physicians and Surgeons of British Columbia continued under the Medical Practitioners Act is continued as a college under this Act.

(4) The College of Pharmacists of British Columbia continued under the Pharmacists, Pharmacy Operations and Drug Scheduling Act is continued as a college under this Act.

(5) This Act applies to a college continued under this section as though the college were established under section 15 (1) of this Act.

8 Section 17 is amended

(a) in subsection (2) (a) by striking out "subsection (3) (a)" and substituting "subsection (3) (a) and (a.1)",

(b) in subsection (3) by adding "the following:" after "college consists of", in paragraph (a) by striking out "bylaws, and" and substituting "bylaws;" and by adding the following paragraphs:

(a.1) the non-registrants described in section 19 (1) (l.2) elected in accordance with the bylaws;

(a.2) the non-registrants described in section 19 (1) (l.2) appointed by the board in accordance with the bylaws; , and

(c) by repealing subsection (4) (b) and substituting the following:

(b) must not be more than the total number of persons elected or appointed under subsection (3) (a) to (a.2).

9 Section 19 is amended

(a) in subsection (1) (l.1) by adding "described in paragraph (l.2)" after "non-registrants",

(b) by repealing subsection (1) (l.8) and (y.2) (i) and substituting the following:

(l.8) establish the number of members of the board

(i) to be elected under section 17 (3) (a.1), and

(ii) to be appointed under section 17 (3) (a.2)

and specify whether or not members in each category are to have voting rights on the board; ,

(c) in subsection (1) by adding the following paragraphs:

(l.9) establish the time, manner and procedure for

(i) the election of non-registrants to the board under section 17 (3) (a.1), and

(ii) the selection and appointment of non-registrants to the board under section 17 (3) (a.2);

(l.91) specify whether members of a class of non-registrants established under paragraph (l.2) are eligible

(i) to vote in an election referred to in section 17 (3) (a.1),

(ii) to be elected under section 17 (3) (a.1), and

(iii) to be appointed under section 17 (3) (a.2);

(l.92) establish forms for the purposes of the bylaws and require use of the forms by non-registrants described in paragraph (l.2);

(u.1) specify the powers, duties and functions of the board that an executive committee appointed under section 17.2 (1) may exercise or perform on behalf of the board;

(y.5) elect that sections 20.2 and 20.3 apply respecting its college;

(y.6) if the board elects under paragraph (y.5) that sections 20.2 and 20.3 apply respecting its college, establish

(i) procedures for an application for review under section 20.2, and

(ii) the practice and procedure for proceedings before the board under section 20.2, which may provide for oral or written hearings; ,

(d) in subsection (1.2) by striking out "subsection (1) (u)" and substituting "subsection (1) (u) or (u.1)",

(e) in subsection (2) by striking out "registrants" and substituting "non-registrants described in subsection (1) (l.2) or registrants",

(f) in subsection (3) by striking out "(l.5), (m)" and substituting "(l.5), (l.7), (l.8), (l.91), (m)" and by striking out "(y.4) or (z)" and substituting "(y.4), (y.5) or (y.6)", and

(g) in subsection (3.1) by striking out "(l.6), (p), (q), (v.1) or (w.1)" and substituting "(l.6), (l.9), (l.92), (p), (q), (u.1), (v.1), (w.1) or (z)".

10 Section 19 (1.1) is amended by adding "or section 25.5 (1)" before "by bylaw".

11 Section 20 (4) is amended by striking out "section 19 (1) (y.2)" and substituting "section 19 (1) (y.5)".

12 Section 20.1 is amended by striking out "section 19 (1) (y.2) (i)" and substituting "section 19 (1) (y.5)".

13 Section 20.2 (6) is repealed.

14 Section 22.1 (1) (d) and (2) is amended by striking out "revocation" and substituting "cancellation".

15 Section 33 is amended by adding the following subsection:

(7) If the inquiry committee acts under subsection (6) (b) to (d), it may award costs to the college against the registrant, based on the tariff of costs established under section 19 (1) (v.1).

16 Part 4 is amended by adding the following section:

Definition

40.1 In this Part, "holding company" means a corporation described in sec-tion 43 (1) (c) (ii) or (1) (d) (i) (B).

17 Section 42 (1) is amended by striking out "a health profession corporation that holds a valid permit under section 43 (1)" and substituting "no corporation, other than a health profession corporation holding a valid permit under section 43 (1),".

18 Section 43 is amended

(a) by repealing subsection (1) (c) and (d) and substituting the following:

(c) all voting shares of the corporation are legally and beneficially owned by

(i) registrants of the college, or

(ii) companies as defined in the Business Corporations Act, all the voting shares of which are legally and beneficially owned by registrants of the college and all the non-voting shares of which are legally and beneficially owned by persons

(A) who are registrants of the college,

(B) who are the spouse, children, parents, siblings or other relatives of a shareholding registrant of the college, or

(C) who reside with a shareholding registrant of the college;

(d) all non-voting shares of the corporation are

(i) legally and beneficially owned by persons who are

(A) described in paragraph (c) (ii) (A) to (C), or

(B) companies as defined in the Business Corporations Act, all the shares of which are legally and beneficially owned by persons described in paragraph (c) (ii) (A) to (C), or

(ii) held in trust by a trustee who is a person resident in Canada and approved by the board, on behalf of a trust

(A) that is governed by the laws of British Columbia or another jurisdiction in Canada, and

(B) all the beneficiaries of which are persons described in paragraph (c) (ii) (A) to (C); , and

(b) in subsection (1.1) by striking out "subsection (1) (d) (ii)" and substituting "subsection (1) (c) (ii) (B)".

19 Section 46 is amended

(a) by renumbering the section as section 46 (1), and

(b) by adding the following subsection:

(2) A shareholder of a holding company must not enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not a registrant qualified to hold shares in the holding company the authority to exercise the voting rights attached to any or all of the shares of the shareholder.

20 Section 48 is repealed.

21 Section 49 (5) is repealed and the following substituted:

(5) Section 19 (3), (3.2), (4) and (7) applies to bylaws made under this section.

22 Section 52 (1) is amended by striking out "or its bylaws" and substituting "or the bylaws".

 
Health Professions Amendment Act, 2003

23 Section 17 of the Health Professions Amendment Act, 2003, S.B.C. 2003, c. 57, as it enacts section 25.1 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended by repealing the definition of "college" and substituting the following:

"college" means the college continued under section 15.1 (3); .

24 Section 17, as it enacts section 25.5 of the Health Professions Act, is amended

(a) by renumbering section 25.5 as section 25.5 (1),

(b) in subsection (1) by striking out "section 19" and substituting "section 19 (1)", and

(c) by adding the following subsection:

(2) A bylaw made under section 19 (1) concerning matters set out in subsection (1) of this section has no effect until it is approved by the Lieutenant Governor in Council.

25 Section 27, as it enacts section 37.1 of the Health Professions Act, is amended

(a) in subsection (1) by striking out "and" at the end of paragraph (b), by adding ", and" at the end of paragarph (c) and by adding the following paragraph:

(d) if the registrant gives the proposal to the inquiry committee less than 7 days before the hearing is scheduled to commence, consenting to indemnify the college for preparing for the hearing in an amount not to exceed the costs of preparing for the hearing calculated under the tariff of costs established under section 19 (1) (w.1). , and

(b) by repealing subsection (5) (a) and substituting the following:

(a) the registrant may give to the inquiry committee a written proposal

(i) described in subsection (1) (a) to (c), and

(ii) consenting to indemnify the college for preparing for and conducting the hearing in an amount not to exceed the costs of preparing for and conducting the hearing calculated under the tariff of costs established under section 19 (1) (w.1), and .

26 Section 34, as it enacts section 50.3 of the Health Professions Act, is amended by adding the following subsection:

(2.1) The delegation of a reserved action to a non-registrant described in section 19 (1) (l.2) must be in accordance with the bylaws of the college that apply to the non-registrant.

27 Section 37, as it enacts section 52.1 of the Health Professions Act, is amended

(a) in subsection (1) by striking out ", profession or occupation", and

(b) in subsection (3) (a) by adding "or a class of persons" after "member of an organization".

28 Section 43 is repealed.

29 Section 50 is repealed.

 
Health Professions Amendment Act (No. 2), 2003

30 Section 1 of the Health Professions Amendment Act (No. 2), 2003, S.B.C. 2003, c. 73, as it enacts section 25.8 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended by repealing the definition of "college" and substituting the following:

"college" means the college continued under section 15.1 (4); .

31 Section 2 is amended by striking out "Section 51 (1)" and substituting "Section 51".

 
Interpretation Act

32 Section 29 of the Interpretation Act, R.S.B.C. 1996, c. 238, is amended by repealing the definition of "medical practitioner" and substituting the following:

"medical practitioner" means a registrant of the College of Physicians and Surgeons of British Columbia entitled under the Health Professions Act to practise medicine and to use the title "medical practitioner"; .

 
Medicare Protection Act

33 Section 49 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is amended by repealing paragraphs (a) to (d) and substituting the following:

(a) for a purpose listed in section 10.3 (3) of the Health Act, or

(b) to administer this Act, or another Act or program administered by the minister, to the extent that the administration relates to a purpose described in paragraph (a).

 
Pharmacy Operations and Drug Scheduling Act

34 Section 1 of the Pharmacy Operations and Drug Scheduling Act, S.B.C. 2003, c. 77, is amended in the definition of "college" by striking out "established under section 15 (1)" and substituting "continued under section 15.1 (4)".

35 Section 14 (2) (b) is repealed and the following substituted:

(b) one person nominated by the College of Physicians and Surgeons of British Columbia, .

36 Section 21 (1) (h) is repealed.

Commencement

37 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: