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Newfoundland and Labrador
Regulation 2008


NEWFOUNDLAND AND LABRADOR REGULATION 18/08

NEWFOUNDLAND AND LABRADOR
REGULATION 18/08

Regional Health Authorities Regulations
under the
Regional Health Authorities Act
(O.C. 2008-059)

(Filed March 19, 2008)

Under the authority of sections 6 and 27 of the Regional Health Authorities Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, February 5, 2008.

Gary Norris
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Authorities and regions

        4.   Duties of regional health authorities

        5.   Financial records and accounting

        6.   Client records

        7.   Authority delegated

        8.   Authority assuming other obligations

        9.   Commencement


Short title

        1. These regulations may be cited as the Regional Health Authorities Regulations.

Definitions

        2. In these regulations 

             (a)  "Act" means the Regional Health Authorities Act;

             (b)  "client" means a person who avails of the services of an authority; and

             (c)  "Standards for Management Information Systems in Canadian Health Service Organizations" means the standards for managing financial and statistical data developed and maintained by the Canadian Institute for Health Information and includes all amendments and revisions made to those standards.

Authorities and regions

        3. (1) The regional health authorities continued under section 28 of the Act shall provide for the delivery and administration of health and community services in the following regions:

             (a)  the Eastern Region;

             (b)  the Central Region;

             (c)  the Western Region; and

             (d)  the Labrador-Grenfell Region.

             (2)  The boundaries of the regions referred to in subsection (1) are as follows:

             (a)  Eastern Region: The eastern region shall include the Avalon, Bonavista and Burin Peninsulas extending from St. John's west to Port Blandford inclusive;

             (b)  Central Region: The central region shall extend from Charlottetown inclusive in the east, Fogo Island in the northeast, Harbour Breton/the Connaigre Peninsula in the south to the Baie Verte Peninsula in the west;

             (c)  Western Region: The western region shall extend from Port aux Basques on the southeast coast to Francois, northwest to Bartlett's Harbour and on the eastern boundary north to Jackson's Arm; and

             (d)  Labrador-Grenfell Region: The Labrador-Grenfell region include the area north of Bartlett's Harbour to Harbour Deep on the Northern Peninsula and all of Labrador.

             (3)  The trustees of the boards of regional health authorities shall be appointed by the minister, and in all cases there shall be at least 8 trustees but no more than 18 trustees of a board of a regional health authority.

             (4)  Employees and medical staff of regional health authorities shall not be eligible to sit as trustees of a regional health authority.

Duties of regional health authorities

        4. The regional health authorities established under section 3 shall supervise, direct and control the delivery of health and community services in the areas of:

             (a)  health protection and promotion;

             (b)  continuing and long term care;

             (c)  community health;

             (d)  mental health;

             (e)  addiction services;

              (f)  child, youth and family services;

             (g)  community supports and home care;

             (h)  treatment of illness and injury;

              (i)  hospital care;

              (j)  evaluation, research, and quality assurance;

             (k)  health screening;

              (l)  neglected adults; and

            (m)  road ambulance services.

Financial records and accounting

        5. (1) The financial records of the regional health authorities shall be kept in accordance with generally accepted accounting principles.

             (2)  Financial and statistical reporting by the regional health authorities shall be in accordance with the Standards for Management Information Systems in Canadian Health Service Organizations and in accordance with any other reporting guidelines or standards which may be required by the minister.

Client records

        6. (1) A client record which is prepared by a staff member of a regional health authority, a person employed by the regional health authority or by the medical staff of the regional health authority is the property of that regional health authority.

             (2)  A regional health authority shall not allow a person access to, or to disclose to a person information contained in client records.

             (3)  Subsection (2) shall not apply with respect to information provided by a regional health authority to

             (a)  a client or former client of a regional health authority, or where that client is under the age of majority or under a disability, to the parent or guardian of that client;

             (b)  a person authorized in writing by a client or a person referred to in paragraph (a);

             (c)  an agency or department of the provincial government or of the Government of Canada, or an official of the provincial government or the Government of Canada acting in his or her official capacity, where that agency, department or official has received the prior approval of the minister for the release of that information and the content of that information to be released by the regional health authority is approved by the minister;

             (d)  the Newfoundland and Labrador Centre for Health Information in accordance with the Centre for Health Information Act and regulations made under that Act; or

             (e)  a physician or other regional health authority within or outside the province, where the physician or regional health authority is in the course of treatment of the client concerned;

where the information is provided at the request of that person, department, centre or agency.

             (4)  A regional health authority may permit a person engaged in health or medical research access to the client records of the regional health authority for the purposes of research where

             (a)  in the opinion of the regional health authority it is in the public interest that the research be done; and

             (b)  the regional health authority is satisfied in writing that the person engaging in the research understands the requirements of subsection (5).

             (5)  A person to whom information is provided or who is permitted access under subsection (3) or (4) shall not publish or disclose information obtained from the client records of the regional health authority where the publication or disclosure may or could be detrimental to the personal interest, reputation or privacy of

             (a)  a client;

             (b)  a physician;

             (c)  a member of the staff of the regional health authority; or

             (d)  a person employed by the regional health authority.

Authority delegated

        7. (1) Under the authority of paragraph 27(d) of the Act, the authority to approve an institution or home for the purpose of paragraph 6(4)(c) of the Neglected Adults Welfare Act is delegated to the authorities established under the Regional Health Authorities Act and these regulations.

             (2)  Under the authority of paragraph 27(d) of the Act, the appointment of an inspector under paragraph 2(d) of the Health and Community Services Act is, for the purpose of the Personal Care Home Regulations made under that Act only, delegated to the authorities established under the Regional Health Authorities Act and these regulations.

Authority assuming other obligations

        8. An authority constituted by these regulations is considered to have assumed and to be vested with the assets, liabilities, rights and obligations of the authority it has replaced by the enactment of these regulations.

Commencement

        9. These regulations shall come into force on the date the Regional Health Authorities Act comes into force.