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(3rd session, 38th Parliament)]


BILL
NUMBER		 TITLE DATE
INTRODUCED
26 HEALTH STATUTES AMENDMENT ACT, 2007
(First Reading) 		Apr. 19/07

 
Explanatory Notes

 
Business Practices and Consumer Protection Act

SECTION 1: [Business Practices and Consumer Protection Act, section 142.1] is consequential to the change to the title of the Health Emergency Act made by this Bill.

 
Community Care and Assisted Living Act

SECTION 2: [Community Care and Assisted Living Act, section 43] is consequential to the repeal and replacement by this Bill of the definition of "care facility" in the Health Care (Consent) and Care Facility (Admission) Act.

 
Community Living Authority Act

SECTION 3: [Community Living Authority Act, section 27] applies to service providers the provisions in the Health Care (Consent) and Care Facility (Admission) Act respecting use of restraints.

 
Emergency Communications Corporations Act

SECTION 4: [Emergency Communications Corporations Act, section 1] is consequential to the change to the title by this Bill of the Health Emergency Act and to the name of the Emergency Health Services Commission.

 
Freedom of Information and Protection of Privacy Act

SECTION 5: [Freedom of Information and Protection of Privacy Act, Schedule 2] is consequential to the change to the name of the Emergency Health Services Commission made by this Bill.

 
Health Care (Consent) and Care Facility (Admission) Act

SECTION 6: [Health Care (Consent) and Care Facility (Admission) Act, section 1] adds to the definition of "care facility", repeals definitions of terms that do not appear in the Act and adds new definitions.

SECTION 7: [Health Care (Consent) and Care Facility (Admission) Act, section 3] removes a reference to a repealed definition.

SECTION 8: [Health Care (Consent) and Care Facility (Admission) Act, Part 3] replaces provisions respecting

  • admission to, and continued residence in, care facilities, and
  • use of restraints against a person in care.

SECTION 9: [Health Care (Consent) and Care Facility (Admission) Act, section 33] substitutes a defined term and replaces a provision to reflect the new Part 3 of the Act.

SECTION 10: [Health Care (Consent) and Care Facility (Admission) Act, section 34] amends regulation-making powers to reflect the new Part 3 of the Act.

 
Health Emergency Act

SECTION 11: [Health Emergency Act, title] changes the title of the Act to reflect the expanded mandate of the Emergency and Health Services Commission.

SECTION 12: [Health Emergency Act, section 1]

  • is consequential to the change in the commission's name made by this Bill,
  • adds a definition of "health service", and
  • provides for the designation of health services by the minister or deputy minister.

SECTION 13: [Health Emergency Act, section 2] changes the name of the commission to reflect its expanded mandate.

SECTION 14: [Health Emergency Act, section 5] expands the mandate of the commission to give equivalent power and authority in respect of emergency health services and health services.

SECTION 15: [Health Emergency Act, section 5.1] authorizes the commission to provide emergency health services and health services outside British Columbia by agreement approved by the minister.

SECTION 16: [Health Emergency Act, section 14] provides authority to prescribe the purposes for which a service may be designated as a health service.

 
Health Planning Statutes Amendment Act, 2002

SECTION 17: [Health Planning Statutes Amendment Act, 2002, section 2] is consequential to the change to the title of the Health Emergency Act made by this Bill.

 
Health Professions Amendment Act (No. 2), 2003

SECTION 18: [Health Professions Amendment Act (No. 2), 2003, section 1] is consequential to the addition by this Bill of "personal health information" as a defined term in the Pharmacy Operations and Drug Scheduling Act.

SECTION 19: [Health Professions Amendment Act (No. 2), 2003, section 1] replaces the phrase "patient record information" with a defined term.

 
Medical Practitioners Act

SECTION 20: [Medical Practitioners Act, section 82] is consequential to the change to the title of the Health Emergency Act made by this Bill.

 
Pharmacists, Pharmacy Operations and Drug Scheduling Act

SECTION 21: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, section 1] clarifies that PharmaNet includes more than one database and adds defined terms.

SECTION 22: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, sections 35, 38, 38.1, 39 and 61] replaces the phrase "patient record information" with a defined term.

SECTION 23: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, section 36] extends the confidentiality provision such that it includes collection and use of personal health information in addition to disclosure of that information.

SECTION 24: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, section 37]

  • replaces a requirement to record information in PharmaNet with authority to collect, use and disclose information through PharmaNet;
  • adds purposes for which personal health information may be collected, used and disclosed through PharmaNet.

SECTION 25: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, section 37.1] sets out who must or may record information in PharmaNet, and what information must or may be recorded.

SECTION 26: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, section 38.1] authorizes a person to access his or her own personal health information, or that of a person he or she represents.

SECTION 27: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, section 39]

  • extends limits on disclosure of personal health information for the purpose of market research;
  • clarifies that a person may disclose his or her own personal health information, or that of a person he or she represents.

SECTION 28: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, section 39.1] authorizes the minister to permit recording of, or to disclose, personal health information on PharmaNet to a person who is authorized to collect personal health information, or have personal health information disclosed to him or her, through a health information bank.

 
Pharmacy Operations and Drug Scheduling Act

SECTION 29: [Pharmacy Operations and Drug Scheduling Act, section 1] clarifies that PharmaNet includes more than one database and adds defined terms.

SECTION 30: [Pharmacy Operations and Drug Scheduling Act, section 12] extends the confidentiality provision such that it includes collection and use of personal health information in addition to disclosure of that information.

SECTION 31: [Pharmacy Operations and Drug Scheduling Act, section 13]

  • replaces a requirement to record information in PharmaNet with authority to collect, use and disclose information through PharmaNet;
  • adds purposes for which personal health information may be collected, used and disclosed through PharmaNet.

SECTION 32: [Pharmacy Operations and Drug Scheduling Act, section 13.1] sets out who must or may record information in PharmaNet, and what information must or may be recorded.

SECTION 33: [Pharmacy Operations and Drug Scheduling Act, sections 14 to 16 and 21] replaces the phrase "patient record information" with a defined term.

SECTION 34: [Pharmacy Operations and Drug Scheduling Act, section 15] authorizes a person to access his or her own personal health information, or that of a person he or she represents.

SECTION 35: [Pharmacy Operations and Drug Scheduling Act, section 16]

  • makes changes consequential to the definition of "personal health information";
  • extends limits on disclosure of personal health information for the purpose of market research;
  • clarifies that a person may disclose his or her own personal health information, or that of a person he or she represents.

SECTION 36: [Pharmacy Operations and Drug Scheduling Act, section 16.1] authorizes the minister to permit recording of, or to disclose, personal health information on PharmaNet to a person who is authorized to collect personal health information, or have personal health information disclosed to him or her, through a health information bank.

 
Representation Agreement Act

SECTION 37: [Representation Agreement Act, section 7] is consequential to the repeal by this Bill of the definition of "facility care proposal" in the Health Care (Consent) and Care Facility (Admission) Act.

 
Supplements Repeal Act

SECTION 38: [Supplements Repeal Act, section 14] repeals an inoperative provision.

 
Workers Compensation Act

SECTION 39: [Workers Compensation Act, section 37] is consequential to the change to the name of the Emergency Health Services Commission made by this Bill.



BILL 26 – 2007
HEALTH STATUTES AMENDMENT ACT, 2007

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

 
Business Practices and Consumer Protection Act

1 Section 142.1 (2) (s) of the Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2, as enacted by the Miscellaneous Statutes Amendment Act (No. 2), 2005, S.B.C. 2005, c. 35, is repealed and the following substituted:

(s) the Emergency and Health Services Act; .

 
Community Care and Assisted Living Act

2 Section 43 (b) of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, as it amends section 1 of the Health Care (Consent) and Care Facility (Admission) Act, is repealed and the following substituted:

(b) by repealing paragraph (c).

 
Community Living Authority Act

3 Section 27 of the Community Living Authority Act, S.B.C. 2004, c. 60, is amended by adding the following subsection:

(4) Section 26.1 of the Health Care (Consent) and Care Facility (Admission) Act and any regulations made under section 34 (2) (i) of that Act apply to a service provider as if the service provider were the manager of a care facility under that Act.

 
Emergency Communications Corporations Act

4 Section 1 of the Emergency Communications Corporations Act, S.B.C. 1997, c. 47, is amended by repealing paragraph (d) of the definition of "emergency services agency" and substituting the following:

(d) the Emergency and Health Services Commission under the Emergency and Health Services Act, and .

 
Freedom of Information and Protection of Privacy Act

5 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended

(a) by striking out the following:

  Public Body:  Emergency Health Services Commission
  Head: Minister of Health Services , and

(b) by adding the following:

  Public Body:  Emergency and Health Services Commission
  Head: Minister of Health .

 
Health Care (Consent) and Care Facility (Admission) Act

6 Section 1 of the Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, c. 181, is amended

(a) by repealing the definitions of "care facility" and "facility care proposal", and

(b) by adding the following definitions:

"care facility" means

(a) a community care facility that

(i) is licensed or designated under the Community Care and Assisted Living Act, and

(ii) provides residential care to adults,

(b) a residence that

(i) provides care, to no more than 2 persons, in the form of 3 or more prescribed services within the meaning of the Community Care and Assisted Living Act, and

(ii) is not licensed or designated under that Act as a community care facility or an assisted living residence,

(c) a private hospital licensed under Part 2 of the Hospital Act,

(d) an institution designated as a hospital under the Hospital Act for the treatment of persons referred to in paragraph (b) or (c) of the definition of "hospital" in that Act, or

(e) any other facility, or class of facility, designated by regulation as a care facility,

but does not include a service provider under the Community Living Authority Act that has not been designated under paragraph (e);

"manager" means an individual who is responsible for either or both of

(a) the operation of a care facility, or

(b) admissions to a care facility;

"person in care" means a person who has been admitted to a care facility; .

7 Section 3 (1) (b) is repealed and the following substituted:

(b) giving or refusing consent to admission to, or continued residence in, a care facility.

8 Part 3, as enacted by section 13 of the Supplements Repeal Act, S.B.C. 2006, c. 33, is repealed and the following substituted:

Part 3 -- Admission to a Care Facility

Admission to care facility

20 (1) An adult or a person acting on the adult's behalf may apply for the adult's admission to a care facility by submitting an application to

(a) the manager of the care facility, or

(b) a board designated under the Health Authorities Act.

(2) A person may apply on an adult's behalf only if the person has reason to believe that

(a) the adult requires the type of care available in a care facility, and

(b) the adult is incapable of giving or refusing consent to admission.

(3) A manager must not admit an adult to a care facility unless

(a) the adult consents to admission under section 21,

(b) substitute consent is given under section 22, or

(c) the adult is admitted on an emergency basis under section 24.

Consent to admission

21 (1) An adult consents to admission to a care facility if

(a) the consent is given voluntarily,

(b) the consent is not obtained by fraud or misrepresentation,

(c) the adult is capable of making a decision about whether to give or refuse consent to admission,

(d) the adult has the information a reasonable person would require to understand that the adult will be admitted to a care facility and to make a decision, including information about

(i) the care the adult will receive in the care facility,

(ii) the services that will be available to the adult, and

(iii) the circumstances under which the adult may leave the care facility, and

(e) the adult has an opportunity to ask questions and receive answers about admission.

(2) Consent may be expressed orally or in writing or may be inferred from conduct.

(3) When seeking an adult's consent, the manager

(a) must communicate with the adult in a manner appropriate to the adult's skills and abilities, and

(b) may allow the adult's spouse, or any relatives or friends, who accompany the adult and offer their assistance, to help the adult to understand or to demonstrate an understanding of the matters mentioned in subsection (1) (d).

Substitute consent

22 (1) A manager may admit an adult to a care facility without the adult's consent if consent is given by

(a) a personal guardian who has authority to consent to the admission and is capable of giving or refusing consent, or

(b) a person listed in subsection (2) of this section, if the manager has made every reasonable effort to obtain consent from the adult but the adult is determined under section 26 to be incapable of giving or refusing consent.

(2) Subject to subsection (3), substitute consent to an adult's admission to a care facility may be given or refused by the first, in listed order, of the following who is available and qualifies under subsection (4):

(a) the adult's representative, if the representative has authority to consent to the admission;

(b) the adult's spouse;

(c) the adult's child;

(d) the adult's parent;

(e) the adult's brother or sister;

(f) the adult's grandparent;

(g) the adult's grandchild;

(h) anyone else related by birth or adoption to the adult;

(i) a close friend of the adult;

(j) a person immediately related to the adult by marriage.

(3) A manager who is a person listed in subsection (2) in respect of an adult is not eligible to give substitute consent to the adult's admission to the manager's own care facility on the adult's behalf.

(4) To qualify to give or refuse substitute consent to an adult's admission to a care facility, a person must

(a) be at least 19 years of age,

(b) have been in contact with the adult during the preceding 12 months,

(c) have no dispute with the adult,

(d) be capable of giving or refusing substitute consent, and

(e) be willing to comply with the duties set out in section 23.

(5) If no one listed in subsection (2) is available or qualifies under subsection (4), or if there is a dispute about who is to be chosen,

(a) the manager must notify the Public Guardian and Trustee, and

(b) the Public Guardian and Trustee must choose a person, including a person employed in the office of the Public Guardian and Trustee, to give or refuse substitute consent.

(6) Section 21 applies to the giving or refusing of consent by a person authorized to give or refuse substitute consent under this section.

(7) A manager is not required to do more than make the effort that is reasonable in the circumstances to comply with this section.

Rights and duties of person authorized to give substitute consent

23 (1) In this section, "substitute" means a person authorized under section 22 to give or refuse consent to an adult's admission to a care facility.

(2) Before giving or refusing consent to an adult's admission to a care facility, a substitute must

(a) consult, or make a reasonable effort to consult, with the adult and with any spouse, friend or relative of the adult who asks to assist, and

(b) make a decision in the adult's best interests.

(3) In determining the adult's best interests, the substitute must consider

(a) the adult's current wishes and any pre-expressed wishes, values and beliefs,

(b) whether the adult could benefit from admission to a care facility, and

(c) whether a course of action other than admission to a care facility, or a less restrictive type of care facility, is available and appropriate in the circumstances.

(4) Section 17 (6) to (8) applies to a substitute as if the person were a substitute decision maker under that section.

(5) Despite any other provision in this Part, if the manager has reason to believe that a person authorized under section 22 to act as a substitute is acting in a manner that may be abusive or harmful to the adult, the manager must

(a) immediately notify any person designated by name or by class for this purpose by a regional health board designated under the Health Authorities Act, and

(b) until instructed otherwise by the designated person, take any steps that, in the opinion of the manager, are reasonably necessary to protect the adult, including refusing to discharge a person in care from a care facility.

Emergency admissions

24 (1) A manager may admit an adult to a care facility without the consent of the adult or a person authorized under section 22 to give or refuse substitute consent if

(a) the adult is determined under section 26 to be incapable of giving or refusing consent and immediate admission of the adult is necessary to

(i) preserve the adult's life,

(ii) prevent serious physical or mental harm to the adult, or

(iii) prevent serious physical harm to any person, or

(b) the adult is the subject of an emergency measure taken under section 59 of the Adult Guardianship Act.

(2) If an admission is made under subsection (1), the manager must, within 72 hours of the admission, obtain substitute consent in accordance with section 22 for continued admission.

Continued residence in a care facility

25 (1) A manager must not prevent or obstruct a person in care from leaving a care facility in either of the following circumstances:

(a) the person in care is capable and expresses a desire to leave the care facility;

(b) the person in care is incapable and the person authorized to act as a substitute for the person in care expresses a desire for the person in care to leave the care facility.

(2) If a person in care is incapable but expresses a desire to leave the care facility, the manager must, within 21 days of the expression, obtain substitute consent in accordance with section 22 to the continued residence of the person in care in the care facility.

(3) If the manager has reason to believe that the capability of a person in care is in doubt for the purposes of subsection (1) or (2), the manager must within a reasonable time have the person in care assessed in accordance with section 26.

(4) Despite subsection (3), an assessment of the capability of a person in care is not necessary if

(a) the person in care has a guardian, or

(b) the person in care has been determined to be incapable through an assessment under section 26 within the last 6 months.

Determining incapability

26 (1) Only a medical practitioner or a prescribed health care provider may determine whether an adult is incapable of giving or refusing consent to admission to, or continued residence in, a care facility.

(2) A determination under subsection (1) must be based on

(a) an assessment made in accordance with the regulations, and

(b) whether or not the adult demonstrates that he or she understands the information given by the manager under section 21 (1) (d).

(3) Section 21 (3) applies to a medical practitioner or a prescribed health care provider when determining whether an adult is incapable of giving or refusing consent to admission to, or continued residence in, a care facility.

Use of restraints

26.1 (1) In this section, "restrain" means to control or restrict the freedom of movement of a person in care

(a) by any physical means, or

(b) in a prescribed manner or by prescribed means.

(2) A manager must ensure that a person in care is not restrained

(a) for the purpose of punishment or discipline, or

(b) for the convenience of care facility staff.

(3) A manager must ensure that a person in care is not restrained except in accordance with the regulations.

9 Section 33 (2) is amended

(a) by striking out "the operator of a care facility" and substituting "manager", and

(b) by adding the following paragraph:

(c) someone's authority to give consent under Part 3 on behalf of an adult or person in care, .

10 Section 34 is amended

(a) in subsection (2) (e) by striking out "sections 14 (5) and 23 (3);" and substituting "section 14 (5);",

(b) by repealing subsection (2) (g) to (i) and substituting the following:

(g) governing assessments under sections 14 (2) and 26, including prescribing health care providers for the purposes of conducting an assessment under section 26;

(i) for the purposes of section 26.1,

(i) prescribing a manner or means of restraint,

(ii) respecting the conditions under which an adult may by restrained,

(iii) respecting the use and monitoring of restraints, and

(iv) respecting the keeping of records in relation to the use of restraints; , and

(c) by adding the following subsection:

(3) For the purposes of subsection (2) (i), the Lieutenant Governor in Council may adopt a regulation made under any other Act,

(a) in whole, in part or with any changes considered appropriate, and

(b) as amended from time to time.

 
Health Emergency Act

11 The title of the Health Emergency Act, R.S.B.C. 1996, c. 182, is repealed and the following substituted:

EMERGENCY AND HEALTH SERVICES ACT .

12 Section 1 is amended

(a) by renumbering the section as subsection (1),

(b) in subsection (1) by repealing the definitions of "commission" and "minister" and substituting the following:

"commission" means the Emergency and Health Services Commission;

"minister", except in subsection (2), includes a person designated in writing by the minister; ,

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

"health service" means a service designated under subsection (2) that provides emergency or non-emergency health information or services, or referrals, for one or more of the following purposes:

(a) to assess a person's health status and respond to a particular problem or circumstance;

(b) to support persons in caring for themselves;

(c) to assist persons, including health care professionals, in accessing care, information and services available through the health system;

(d) a prescribed purpose; , and

(d) by adding the following subsections:

(2) The minister may designate, in writing, a service as a health service by

(a) setting out the name by which the service is commonly known, and

(b) describing the nature of the service.

(3) Section 23 (2) of the Interpretation Act does not apply for the purposes of subsection (2).

13 Section 2 (1) is repealed and the following substituted:

(1) The Emergency and Health Services Commission is continued.

14 Section 5 (1) is repealed and the following substituted:

(1) The commission has the power and authority to do one or more of the following:

(a) provide, in British Columbia, emergency health services and health services;

(b) establish, equip and operate, in areas of British Columbia that the commission considers advisable,

(i) emergency health centres and stations, and

(ii) centres from which health services may be provided;

(c) assist hospitals and other health institutions and agencies, municipalities and other organizations, and persons, to

(i) provide emergency health services and health services, and

(ii) train personnel to provide emergency health services and health services;

(d) enter into agreements or arrangements for the purposes set out in paragraph (c);

(e) establish or improve communication systems, in British Columbia, for emergency health services and health services;

(f) make available the services of trained persons on a continuous, continual or temporary basis to those residents of British Columbia who are not, in the opinion of the commission, adequately served by existing emergency health services and health services;

(g) recruit and train emergency medical assistants and health service providers;

(h) provide ambulance services in British Columbia to be known as the British Columbia Ambulance Service;

(i) perform any other function related to emergency health services as the Lieutenant Governor in Council may order.

15 The following section is added:

Services outside British Columbia

5.1 (1) The minister or, with the approval of the minister, the commission may enter into an agreement with a government for the provision outside British Columbia of emergency health services or health services.

(2) The minister may grant an approval under subsection (1) with or without conditions.

(3) The commission has the power and authority to do the things set out in section 5 (1) outside British Columbia according to the terms and conditions of an agreement made under subsection (1).

16 Section 14 (2) is amended by adding the following paragraph:

(h) prescribing purposes for which a service may be designated as a health service under this Act.

 
Health Planning Statutes Amendment Act, 2002

17 Section 2 of the Health Planning Statutes Amendment Act, 2002, S.B.C. 2002, c. 15, is repealed and the following substituted:

Emergency and Health Services Act

2 Section 1 (1) of the Emergency and Health Services Act, R.S.B.C. 1996, c. 182, is amended by repealing the definitions of "board", "emergency medical assistant" and "profession".

 
Health Professions Amendment Act (No. 2), 2003

18 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 adding the following definition:

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

19 Section 1, as it enacts section 25.94 of the Health Professions Act, is amended by striking out "patient record information" wherever it appears and substituting "personal health information".

 
Medical Practitioners Act

20 Section 82 (j) of the Medical Practitioners Act, R.S.B.C. 1996, c. 285, is amended by striking out "Health Emergency Act;" and substituting "Emergency and Health Services Act;".

 
Pharmacists, Pharmacy Operations and Drug Scheduling Act

21 Section 1 of the Pharmacists, Pharmacy Operations and Drug Scheduling Act, R.S.B.C. 1996, c. 363, is amended

(a) in the definition of "PharmaNet" by striking out "network and database" and substituting "networks and associated databases", and

(b) by adding the following definitions:

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

"personal representative" means

(a) a representative under the Representation Agreement Act, or

(b) a committee under the Patients Property Act that has authority to make decisions in respect of an adult's personal care; .

22 Sections 35 (3), 38 (1), 38.1 (1), 39 (1) to (6) and 61 (3) are amended by striking out "patient record information" wherever it appears and substituting "personal health information".

23 Section 36 is repealed and the following substituted:

Confidentiality

36 (1) A person must not record personal health information in PharmaNet except in accordance with this Act.

(2) Despite the Personal Information Protection Act, a person who obtains information, files or records under this Act must not use them, or disclose them to any other person, except

(a) for the purposes permitted by this Act,

(b) for the purposes of carrying out a duty under the bylaws, or

(c) as required by law.

(3) Subsection (2) does not apply to

(a) a person in respect of his or her own personal health information, or

(b) a personal representative acting in the course of his or her duties.

24 Section 37 (1) is amended

(a) by striking out "The minister may establish a Provincial computerized pharmacy network and database known as PharmaNet in which the patient record information of all persons to whom prescriptions are dispensed in British Columbia must be recorded for the purpose of facilitating" and substituting "The minister may establish one or more Provincial computerized networks and associated databases, collectively known as PharmaNet, for the purpose of facilitating",

(b) in paragraph (a.1) by adding "and, for that purpose, facilitating the delivery of health care services through health information banks under section 39.1 and integrated health information systems, tools and procedures," after "section 38.1 (1),", and

(c) by repealing paragraph (c) and substituting the following:

(c) the management, by practitioners, of drug and device use by their patients,

(c.1) the management, by a person or the person's personal representative, of the person's drug and device use,

(c.2) the monitoring, by a person or the person's personal representative, of access to the person's personal health information by other persons, .

25 The following section is added:

Recording information in PharmaNet

37.1 (1) A pharmacist, other than a hospital pharmacist, who dispenses a drug or device must record in PharmaNet all personal health information and other information relevant to

(a) the drug or device, and

(b) the prescription and dispensing of the drug or device.

(2) A hospital pharmacist who dispenses or otherwise provides a drug or device in a hospital may record in PharmaNet any personal health information and other information relevant to the drug or device and the dispensing or provision of the drug or device.

(3) A person, or the person's personal representative, may record in PharmaNet

(a) the person's personal health information,

(b) any information relevant to a drug or device for which the person has been issued a prescription, but which has not yet been dispensed, and

(c) any information relevant to a drug or device, whether prescribed or not, that the person is using.

(4) A practitioner may record in PharmaNet any information described in subsection (3) (b) or (c) in respect of a patient of the practitioner.

(5) A practitioner may issue a prescription electronically, but must do so only through PharmaNet.

26 Section 38.1 is amended

(a) in subsection (1) by striking out "on the PharmaNet system:" and substituting "on PharmaNet:", and

(b) by adding the following subsection:

(1.1) Subject to this Act and any applicable regulation under subsection (2) (c), a person, or the person's personal representative, may have access to that person's personal health information on PharmaNet.

27 Section 39 is amended

(a) in subsection (6) by striking out "a pharmacist or the PharmaNet committee" and substituting "the PharmaNet committee or a person who may access, under section 38.1, personal health information on PharmaNet", and

(b) by repealing subsection (7) and substituting the following:

(7) A person who receives personal health information under this section must not disclose the information to another person, unless

(a) it is the person's own personal health information,

(b) in the case of a personal representative, the personal representative is acting in the course of his or her duties, or

(c) it is to be used for the purpose for which it was originally disclosed.

28 The following section is added to Part 4:

Information-sharing between PharmaNet
and health information banks

39.1 (1) In this section:

"designation order" means an order made under section 10.2 of the Health Act;

"health information bank" means a database that has been designated or established under a designation order as a health information bank.

(2) Despite anything in this Act but subject to subsections (4) and (5), if a person is authorized, under a designation order, to collect or have disclosed to him or her personal health information from a health information bank, the minister may permit, by order, the person to record the personal health information in PharmaNet.

(3) Despite anything in this Act but subject to subsections (4) and (5), if a person is authorized, under a designation order, to collect personal health information for inclusion in a health information bank, the minister may authorize, by order, disclosure to the person of personal health information on PharmaNet.

(4) Recording or disclosure under subsection (2) or (3) may only be for a purpose, and is subject to any limits or conditions, described in the order permitting the recording or authorizing the disclosure.

(5) The Lieutenant Governor in Council may prescribe health information banks, by name or by class, to which subsections (2) and (3) do not apply, and the minister must not

(a) permit the recording in PharmaNet of personal health information from a prescribed health information bank, or

(b) disclose personal health information from PharmaNet to a person authorized to collect personal health information for inclusion in a prescribed health information bank.

 
Pharmacy Operations and Drug Scheduling Act

29 Section 1 of the Pharmacy Operations and Drug Scheduling Act, S.B.C. 2003, c. 77, is amended

(a) in the definition of "PharmaNet" by striking out "network and database" and substituting "networks and associated databases", and

(b) by adding the following definitions:

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

"personal representative" means

(a) a representative under the Representation Agreement Act, or

(b) a committee under the Patients Property Act that has authority to make decisions in respect of an adult's personal care; .

30 Section 12 is repealed and the following substituted:

Confidentiality

12 (1) A person must not record personal health information in PharmaNet except in accordance with this Act.

(2) Despite the Personal Information Protection Act, a person who obtains information, files or records under this Act must not use them, or disclose them to any other person, except

(a) in the administration of this Act,

(b) for the purposes of court proceedings, or

(c) for the purpose of enabling the college, or a person or committee acting for the college, to carry out their powers, duties or functions under this Act or the bylaws.

(3) Subsection (2) does not apply to

(a) a person in respect of his or her own personal health information, or

(b) a personal representative acting in the course of his or her duties.

31 Section 13 (1) is amended

(a) by striking out "The minister may continue the Provincial computerized pharmacy network and database known as PharmaNet in which the patient record information of all persons to whom prescriptions are dispensed in British Columbia must be recorded for the purpose of facilitating" and substituting "The minister may continue the Provincial computerized networks and associated databases, collectively known as PharmaNet, for the purpose of facilitating",

(b) in paragraph (b) by adding "and, for that purpose, facilitating the delivery of health care services through health information banks under section 16.1 and integrated health information systems, tools and procedures," after "section 15 (2) (a) or (c),", and

(c) by repealing paragraph (d) and substituting the following:

(d) the management, by practitioners, of drug and device use by their patients,

(d.1) the management, by a person or the person's personal representative, of the person's drug and device use,

(d.2) the monitoring, by a person or the person's personal representative, of access to the person's personal health information by other persons, .

32 The following section is added:

Recording information in PharmaNet

13.1 (1) A pharmacist, other than a hospital pharmacist, who dispenses a drug or device must record in PharmaNet all personal health information and other information relevant to

(a) the drug or device, and

(b) the prescription and dispensing of the drug or device.

(2) A hospital pharmacist who dispenses or otherwise provides a drug or device in a hospital may record in PharmaNet any personal health information and other information relevant to the drug or device and the dispensing or provision of the drug or device.

(3) A person, or the person's personal representative, may record in PharmaNet

(a) the person's personal health information,

(b) any information relevant to a drug or device for which the person has been issued a prescription, but which has not yet been dispensed, and

(c) any information relevant to a drug or device, whether prescribed or not, that the person is using.

(4) A practitioner may record in PharmaNet any information described in subsection (3) (b) or (c) in respect of a patient of the practitioner.

(5) A practitioner may issue a prescription electronically, but must do so only through PharmaNet.

33 Sections 14 (1), 15 (1), 16 (1) and (3) and 21 (2) are amended by striking out "patient record information" and substituting "personal health information".

34 Section 15 is amended

(a) in subsection (1) by striking out "on the PharmaNet system:" and substituting "on PharmaNet:", and

(b) by adding the following subsection:

(1.1) Subject to this Act and any applicable regulation under subsection (2) (c), a person, or the person's personal representative, may have access to that person's personal health information on PharmaNet.

35 Section 16 is amended

(a) by repealing subsections (2) and (4) and substituting the following:

(2) Subject to the rules, the PharmaNet stewardship committee may disclose to a person, for the purposes described in section 13 (1) (i) or (j), information recorded in a PharmaNet database that would be personal health information, except that the information disclosed must not include patient or practitioner names, addresses or other information that could allow a patient or practitioner to be identified or contacted.

(4) A person who receives personal health information under this section must not disclose the information to another person, unless

(a) it is the person's own personal health information,

(b) in the case of a personal representative, the personal representative is acting in the course of his or her duties, or

(c) it is to be used for the purpose for which it was originally disclosed. , and

(b) in subsection (3) by adding "or a person who may access, under section 15, personal health information on PharmaNet" after "the PharmaNet stewardship committee".

36 The following section is added to Part 2:

Information-sharing between PharmaNet
and health information banks

16.1 (1) In this section:

"designation order" means an order made under section 10.2 of the Health Act;

"health information bank" means a database that has been designated or established under a designation order as a health information bank.

(2) Despite anything in this Act but subject to subsections (4) and (5), if a person is authorized, under a designation order, to collect or have disclosed to him or her personal health information from a health information bank, the minister may permit, by order, the person to record the personal health information in PharmaNet.

(3) Despite anything in this Act but subject to subsections (4) and (5), if a person is authorized, under a designation order, to collect personal health information for inclusion in a health information bank, the minister may authorize, by order, disclosure to the person of personal health information on PharmaNet.

(4) Recording or disclosure under subsection (2) or (3) may only be for a purpose, and is subject to any limits or conditions, described in the order permitting the recording or authorizing the disclosure.

(5) The Lieutenant Governor in Council may prescribe health information banks, by name or by class, to which subsections (2) and (3) do not apply, and the minister must not

(a) permit the recording in PharmaNet of personal health information from a prescribed health information bank, or

(b) disclose personal health information from PharmaNet to a person authorized to collect personal health information for inclusion in a prescribed health information bank.

 
Representation Agreement Act

37 Section 7 (2) of the Representation Agreement Act, R.S.B.C. 1996, c. 405, is amended by striking out "to accept a facility care proposal under the Health Care (Consent) and Care Facility (Admission) Act for the adult's admission to a care facility," and substituting "to admit the adult under the Health Care (Consent) and Care Facility (Admission) Act to a care facility,".

 
Supplements Repeal Act

38 Section 14 of the Supplements Repeal Act, S.B.C. 2006, c. 33, as it amends section 33 of the Health Care (Consent) and Care Facility (Admission) Act, is repealed.

 
Workers Compensation Act

39 Section 37 (1) of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended by striking out "Emergency Health Services Commission," and substituting "Emergency and Health Services Commission,".

Commencement

40 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:

Item Column 1
Provisions of Act		 Column 2
Commencement
1 Anything not elsewhere covered by this table The date of Royal Assent
2 Sections 2 and 3 By regulation of the Lieutenant Governor in Council
3 Sections 6 to 10 By regulation of the Lieutenant Governor in Council
4 Sections 18 and 19 By regulation of the Lieutenant Governor in Council
5 Sections 21 to 38 By regulation of the Lieutenant Governor in Council

 
Explanatory Notes

 
Business Practices and Consumer Protection Act

SECTION 1: [Business Practices and Consumer Protection Act, section 142.1] is consequential to the change to the title of the Health Emergency Act made by this Bill.

 
Community Care and Assisted Living Act

SECTION 2: [Community Care and Assisted Living Act, section 43] is consequential to the repeal and replacement by this Bill of the definition of "care facility" in the Health Care (Consent) and Care Facility (Admission) Act.

 
Community Living Authority Act

SECTION 3: [Community Living Authority Act, section 27] applies to service providers the provisions in the Health Care (Consent) and Care Facility (Admission) Act respecting use of restraints.

 
Emergency Communications Corporations Act

SECTION 4: [Emergency Communications Corporations Act, section 1] is consequential to the change to the title by this Bill of the Health Emergency Act and to the name of the Emergency Health Services Commission.

 
Freedom of Information and Protection of Privacy Act

SECTION 5: [Freedom of Information and Protection of Privacy Act, Schedule 2] is consequential to the change to the name of the Emergency Health Services Commission made by this Bill.

 
Health Care (Consent) and Care Facility (Admission) Act

SECTION 6: [Health Care (Consent) and Care Facility (Admission) Act, section 1] adds to the definition of "care facility", repeals definitions of terms that do not appear in the Act and adds new definitions.

SECTION 7: [Health Care (Consent) and Care Facility (Admission) Act, section 3] removes a reference to a repealed definition.

SECTION 8: [Health Care (Consent) and Care Facility (Admission) Act, Part 3] replaces provisions respecting

  • admission to, and continued residence in, care facilities, and
  • use of restraints against a person in care.

SECTION 9: [Health Care (Consent) and Care Facility (Admission) Act, section 33] substitutes a defined term and replaces a provision to reflect the new Part 3 of the Act.

SECTION 10: [Health Care (Consent) and Care Facility (Admission) Act, section 34] amends regulation-making powers to reflect the new Part 3 of the Act.

 
Health Emergency Act

SECTION 11: [Health Emergency Act, title] changes the title of the Act to reflect the expanded mandate of the Emergency and Health Services Commission.

SECTION 12: [Health Emergency Act, section 1]

  • is consequential to the change in the commission's name made by this Bill,
  • adds a definition of "health service", and
  • provides for the designation of health services by the minister or deputy minister.

SECTION 13: [Health Emergency Act, section 2] changes the name of the commission to reflect its expanded mandate.

SECTION 14: [Health Emergency Act, section 5] expands the mandate of the commission to give equivalent power and authority in respect of emergency health services and health services.

SECTION 15: [Health Emergency Act, section 5.1] authorizes the commission to provide emergency health services and health services outside British Columbia by agreement approved by the minister.

SECTION 16: [Health Emergency Act, section 14] provides authority to prescribe the purposes for which a service may be designated as a health service.

 
Health Planning Statutes Amendment Act, 2002

SECTION 17: [Health Planning Statutes Amendment Act, 2002, section 2] is consequential to the change to the title of the Health Emergency Act made by this Bill.

 
Health Professions Amendment Act (No. 2), 2003

SECTION 18: [Health Professions Amendment Act (No. 2), 2003, section 1] is consequential to the addition by this Bill of "personal health information" as a defined term in the Pharmacy Operations and Drug Scheduling Act.

SECTION 19: [Health Professions Amendment Act (No. 2), 2003, section 1] replaces the phrase "patient record information" with a defined term.

 
Medical Practitioners Act

SECTION 20: [Medical Practitioners Act, section 82] is consequential to the change to the title of the Health Emergency Act made by this Bill.

 
Pharmacists, Pharmacy Operations and Drug Scheduling Act

SECTION 21: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, section 1] clarifies that PharmaNet includes more than one database and adds defined terms.

SECTION 22: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, sections 35, 38, 38.1, 39 and 61] replaces the phrase "patient record information" with a defined term.

SECTION 23: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, section 36] extends the confidentiality provision such that it includes collection and use of personal health information in addition to disclosure of that information.

SECTION 24: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, section 37]

  • replaces a requirement to record information in PharmaNet with authority to collect, use and disclose information through PharmaNet;
  • adds purposes for which personal health information may be collected, used and disclosed through PharmaNet.

SECTION 25: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, section 37.1] sets out who must or may record information in PharmaNet, and what information must or may be recorded.

SECTION 26: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, section 38.1] authorizes a person to access his or her own personal health information, or that of a person he or she represents.

SECTION 27: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, section 39]

  • extends limits on disclosure of personal health information for the purpose of market research;
  • clarifies that a person may disclose his or her own personal health information, or that of a person he or she represents.

SECTION 28: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, section 39.1] authorizes the minister to permit recording of, or to disclose, personal health information on PharmaNet to a person who is authorized to collect personal health information, or have personal health information disclosed to him or her, through a health information bank.

 
Pharmacy Operations and Drug Scheduling Act

SECTION 29: [Pharmacy Operations and Drug Scheduling Act, section 1] clarifies that PharmaNet includes more than one database and adds defined terms.

SECTION 30: [Pharmacy Operations and Drug Scheduling Act, section 12] extends the confidentiality provision such that it includes collection and use of personal health information in addition to disclosure of that information.

SECTION 31: [Pharmacy Operations and Drug Scheduling Act, section 13]

  • replaces a requirement to record information in PharmaNet with authority to collect, use and disclose information through PharmaNet;
  • adds purposes for which personal health information may be collected, used and disclosed through PharmaNet.

SECTION 32: [Pharmacy Operations and Drug Scheduling Act, section 13.1] sets out who must or may record information in PharmaNet, and what information must or may be recorded.

SECTION 33: [Pharmacy Operations and Drug Scheduling Act, sections 14 to 16 and 21] replaces the phrase "patient record information" with a defined term.

SECTION 34: [Pharmacy Operations and Drug Scheduling Act, section 15] authorizes a person to access his or her own personal health information, or that of a person he or she represents.

SECTION 35: [Pharmacy Operations and Drug Scheduling Act, section 16]

  • makes changes consequential to the definition of "personal health information";
  • extends limits on disclosure of personal health information for the purpose of market research;
  • clarifies that a person may disclose his or her own personal health information, or that of a person he or she represents.

SECTION 36: [Pharmacy Operations and Drug Scheduling Act, section 16.1] authorizes the minister to permit recording of, or to disclose, personal health information on PharmaNet to a person who is authorized to collect personal health information, or have personal health information disclosed to him or her, through a health information bank.

 
Representation Agreement Act

SECTION 37: [Representation Agreement Act, section 7] is consequential to the repeal by this Bill of the definition of "facility care proposal" in the Health Care (Consent) and Care Facility (Admission) Act.

 
Supplements Repeal Act

SECTION 38: [Supplements Repeal Act, section 14] repeals an inoperative provision.

 
Workers Compensation Act

SECTION 39: [Workers Compensation Act, section 37] is consequential to the change to the name of the Emergency Health Services Commission made by this Bill.

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