1994 Legislative Session: 3rd Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE PAUL RAMSEY
MINISTER OF HEALTH
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Continuing Care Act, S.B.C. 1989, c. 2, is amended by repealing the definition of "continuing care" and substituting the following:
"continuing care" means the provision of health care services prescribed under section 1.2; .
2 The following sections are added:
1.1 This Act does not apply to health care services unless they are prescribed under section 1.2.
1.2 The Lieutenant Governor in Council may prescribe to be continuing care one or more health care services to persons with a frailty or with an acute or chronic illness or disability that do not require admission to a hospital as defined in section 1 of the Hospital Act.
3 Section 6 (1) and (2) is repealed and the following substituted:
(1) By notice of appointment served on the operator, the minister may appoint an administrator to deliver continuing care covered by an agreement under section 2 in place of the operator if the minister has reasonable grounds to believe that the health or safety of persons receiving continuing care from the operator is at risk because of
(a) an act or omission of the operator or of an employee or agent of the operator, or
(b) the condition of one or more facilities owned, leased or otherwise occupied by the operator.
(2) An administrator appointed under subsection (1) may exercise for the period specified in the notice all powers necessary to deliver the continuing care described in the agreement with the operator under section 2, including
(a) operation of any facility or the provision of any service covered by the agreement,
(b) employment and remuneration of staff,
(c) requiring clients to pay fees or charges directly to the administrator, and
(d) by notice to the Minister of Finance and Corporate Relations of the appointment, requiring the government to make all payments directly to the administrator for services rendered to the clients.
4 Section 1 of the Dentists Act, R.S.B.C. 1979, c. 92, is amended by repealing the definition of "council" and substituting the following:
"council" means the council of the college; .
5 Section 4 (1) is repealed.
6 Section 3 of the Health Act, R.S.B.C. 1979, c. 161, is repealed and the following substituted:
3 (1) The Provincial health officer is the senior medical health officer for British Columbia and must advise the minister, and senior members of the ministry, in an independent manner on health issues in British Columbia and on the need for legislation, policies and practices respecting these issues.
(2) The Provincial health officer must monitor the health of the people of British Columbia and provide to the people of British Columbia information and analyses on health issues.
(3) If the Provincial health officer considers that the interests of the people of British Columbia are best served by making a report to the public on health issues in British Columbia, or on the need for legislation or a change of policy or practice respecting health in British Columbia, the Provincial health officer must make this report in the manner the Provincial health officer considers most appropriate.
(4) Each year the Provincial health officer must give the minister a report on the health of the people of British Columbia including, if appropriate, information about the health of the people as measured against population health targets, and the minister must lay the report before the Legislative Assembly as soon as practical.
3.1 (1) Despite other provisions of this Act or the regulations, if the Provincial health officer considers that the health of the public is or may be in danger, the Provincial health officer may order a medical health officer to take the action the Provincial health officer considers appropriate.
(2) The Provincial health officer must establish and monitor professional standards for medical health officers.
(3) In those areas of British Columbia outside the jurisdiction of a local board, the Provincial health officer has the power and authority of a medical health officer appointed under this Act.
(4) If section 33 is applicable and a medical health officer has not been appointed to act as a temporary replacement, the Provincial health officer may act in the place of a medical health officer while section 33 continues to be applicable or until a temporary replacement is appointed under section 33.
3.2 The Provincial health officer must not, insofar as the laws of British Columbia apply, give or be compelled to give evidence in a court or in proceedings of a judicial nature concerning knowledge gained in the exercise of a power or duty under this Act.
3.3 (1) No action for damages lies or may be brought against the Provincial health officer because of anything done or omitted in good faith
(a) in the performance or purported performance of any duty under this Act, or
(b) in the exercise or purported exercise of any power under this Act.
(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.
7 Section 4 of the Health Authorities Act, S.B.C. 1993, c. 47, is amended by adding the following subsection:
(2.1) Despite subsection (2), the minister may make appointments under subsection (2) (a) to a board
(a) to represent an area of the region for which no council has been designated under section 6 (1), or
(b) in place of a council that, within 60 days of receiving written notice from the minister to make an appointment under subsection (2) (a), has not made the appointment.
8 Section 14 of the Health Professions Act, S.B.C. 1990, c. 50, is amended by striking out "nothing in this Act" and substituting "nothing in this Act, the regulations or the bylaws".
9 Section 53 of the Health Professions Statutes Amendment Act, 1993, S.B.C. 1993, c. 50, is repealed.
10 Section 9.1 of the Optometrists Act, R.S.B.C. 1979, c. 307, as enacted by section 50 of the Health Statutes Amendment Act, 1993, S.B.C. 1993, c. 50, is amended by being renumbered as section 9.9 and is deemed to have always been section 9.9 since its enactment.
11 Section 32 (4) of the Pharmacists, Pharmacy Operations and Drug Scheduling Act, S.B.C. 1993, c. 62, is repealed and the following substituted:
(4) This section does not preclude the dispensing or use of placebos by registrants or practitioners in drug research or medical treatment if done in accordance with protocols established in the bylaws.
12 Section 59 (2) is amended by adding the following paragraph:
(e.1) the establishment of a protocol described in section 32 (4), .
13 Section 70 is amended by striking out "A person" and substituting "Subject to section 32 (4), a person".
14 Section 76 (2) is amended by striking out "64 or 71" and substituting "64, 70 or 71".
15 The Physiotherapists Act, R.S.B.C. 1979, c. 327, is repealed.
16 Section 1 of the Venereal Disease Act, R.S.B.C. 1979, c. 422, is amended by repealing the definition of "venereal disease" and substituting the following:
"venereal disease" means syphilis, gonorrhoea, chancroid, granuloma inguinale, lymphogranuloma venereum and chlamydia.
17 (1) If a health profession for persons registered or formerly registered under the Physiotherapists Act is designated under section 12 of the Health Professions Act, section 36 of the Interpretation Act applies and the Physiotherapists Act is deemed to be the "former enactment" and the Health Professions Act is deemed to be the "new enactment" for the purposes of this section.
(2) For the purposes of this section, section 36 of the Interpretation Act applies
(a) to a corporation defined in section 1 of the Physiotherapists Act for which the voting shares are owned by members of the health profession,
(b) to the college established under section 15 of the Health Professions Act for the health profession as though the college were, for purposes of the health profession, the association defined in section 1 of the Physiotherapists Act,
(c) to, as circumstances require, the discipline committee or the inquiry committee as defined in section 1 of the Health Professions Act for the health profession as though the discipline committee or the inquiry committee were, for the purposes of the health profession, the association or the council as defined in section 1 of the Physiotherapists Act or a section of that council,
(d) to rules made under the Physiotherapists Act for persons or corporations to practise the health profession under the Physiotherapists Act, and
(e) to a proceeding commenced under the Physiotherapists Act to cancel or suspend the registration of a member of the health profession.
(3) The Lieutenant Governor in Council may make regulations to facilitate the transition from the former enactment to the new enactment for a health profession.
18 (1) This Act, except section 10, comes into force by regulation of the Lieutenant Governor in Council.
(2) Section 10 is deemed to have come into force on October 18, 1993 and is retroactive to the extent necessary to give it effect on and after that date.
SECTIONS 1 and 2: amend the Continuing Care Act to revise the definition of "continuing care" and specify the scope of the Continuing Care Act to state that the Act applies only to the provision of those health care services that are prescribed by the Lieutenant Governor in Council.
SECTION 3: re-enacts section 6 (1) and (2) of the Continuing Care Act to ensure that an administrator may be appointed if there is a reasonable belief that the health or safety of any clients of the operator is at risk and that, if an administrator is appointed, the necessary continuing care to the clients may be provided.
SECTIONS 4 and 5: amend sections 1 and 4 of the Dentists Act to reflect the fact that the Council of the College of Dental Surgeons includes appointed as well as elected members.
SECTION 6: amends section 3 of the Health Act to redefine the role of the Provincial health officer.
Health Authorities Act
SECTION 7: enlarges upon section 4 (2) (a) of the Health Authorities Act to allow the minister to act under that section in place of a council that is unable or unwilling to act.
SECTION 8: is a housekeeping amendment.
SECTION 9: is consequential to the repeal of the Physiotherapists Act.
SECTION 10: is a housekeeping amendment.
SECTION 11: re-enacts section 32 (4) of the Pharmacists, Pharmacy Operations and Drug Scheduling Act to ensure that valid research or medical treatment uses of placebos by registrants or practitioners are not barred by the misrepresentation provisions of section 32 of the Act.
SECTION 12: enacts section 59 (2) (e.1) of the Pharmacists, Pharmacy Operations and Drug Scheduling Act to specifically authorize the council of the college to make bylaws establishing the protocols that must be followed when dispensing a placebo.
SECTION 13: amends section 70 of the Pharmacists, Pharmacy Operations and Drug Scheduling Act to ensure that a registrant is not barred by the misrepresentation provisions of section 32 of the Act from selling a placebo in appropriate circumstances.
SECTION 14: amends section 76 (2) of the Pharmacists, Pharmacy Operations and Drug Scheduling Act to make it an offence to sell or purport to sell a drug if it is misrepresented. A properly dispensed placebo is an exception.
SECTION 15: repeals the Physiotherapists Act as the professions of Physiotherapist and Massage Practitioner are to be designated under the Health Professions Act.
SECTION 16: amends section 1 of the Veneral Disease Act to include chlamydia in the definition of "venereal disease".
SECTION 17: allows for the transition of these professions from the Physiotherapists Act to the Health Professions Act.
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