BILL 26 – 2008
HEALTH STATUTES AMENDMENT ACT, 2008

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

Emergency and Health Services Act

1 Section 1 of the Emergency and Health Services Act, R.S.B.C. 1996, c. 182, is amended

(a) in subsection (1) in the definition of "minister" by adding "and sections 2 to 4" after "except in subsection (2)", and

(b) in subsection (3) by adding "and sections 2 to 4" after "subsection (2)".

2 Section 2 is amended

(a) by striking out "Lieutenant Governor in Council" wherever it appears and substituting "minister", and

(b) by repealing subsection (5).

3 Sections 3 and 4 are amended by striking out "Lieutenant Governor in Council" wherever it appears and substituting "minister".

4 Section 14 (2) is amended

(a) in paragraph (c) by striking out "or" at the end of subparagraph (i), by adding ", or" at the end of subparagraph (ii) and by adding the following subparagraph:

(iii) different persons or classes of persons; , and

(b) by repealing paragraph (c.1) and substituting the following:

(c.1) authorizing the waiving of fees for

(i) different persons or classes of persons, and

(ii) involuntary committals under the Mental Health Act; .

Health and Social Services Delivery Improvement Act

5 Section 3 of the Health and Social Services Delivery Improvement Act, S.B.C. 2002, c. 2, is amended by repealing the definition of "bumping".

6 Section 6 (2) and (4) is repealed.

7 Sections 9 and 19 (2) (c) are repealed.

8 Section 5 of the Health Sector Labour Adjustment Regulation, B.C. Reg. 39/2002, is repealed.

Health Sector Partnerships Agreement Act

9 Sections 4 (1) and (3) and 5 (2) and (4) of the Health Sector Partnerships Agreement Act, S.B.C. 2003, c. 93, are repealed.

Health Statutes Amendment Act, 2006

10 Section 33 of the Health Statutes Amendment Act, 2006, S.B.C. 2006, c. 23, is repealed.

Medicare Protection Act

11 Section 49 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is repealed and the following substituted:

Duty to keep information confidential

49  (1) In this section, "person engaged in the administration of this Act" includes the following persons:

(a) each member or former member of the commission;

(b) each former member of the Medical and Health Care Services Appeal Board;

(c) each employee or former employee of the ministry employed in the administration of this Act;

(d) each inspector or former inspector appointed under this Act;

(e) each member or former member of an advisory committee;

(f) any person engaged or previously engaged in the administration of this Act.

(2) A person engaged in the administration of this Act must keep confidential matters respecting an individual beneficiary or practitioner that come to his or her knowledge in the course of his or her employment or duties, and must not communicate any of those matters except as follows:

(a) in the course of the administration of this Act or another Act or program administered by the minister;

(b) to communicate prescribed information to a person who

(i) is a beneficiary and is, or whose personal information is, identified in a hearing under section 15 or 37,

(ii) provides information to the commission that leads to an audit or inspection under section 36, or to a determination that no audit or inspection is required under that section, or

(iii) provides information to the commission that leads to an application for an injunction under section 45.1, or to a determination that no injunction is required under that section;

(c) to communicate prescribed information to one or more persons if a person is the subject of

(i) a notice of hearing under section 15 or 37,

(ii) an audit or inspection under section 36, or

(iii) an application for an injunction under section 45.1, and

if, in the opinion of the minister or the chair, there is a compelling public interest in the disclosure of that information;

(d) for a purpose listed in section 5 or 18 of the E-Health (Personal Health Information Access and Protection of Privacy) Act.

Commencement

12  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: