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Copyright 2000: Queens Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER H-9

AN ACT RESPECTING THE MANAGEMENT AND OPERATION OF HOSPITALS IN THE PROVINCE

Analysis

1. Short title

2. Definitions

3. Application of Act

PART I
HOSPITAL BOARDS

4. Hospital boards

5. Board may replace authority

6. Minister's recommendation necessary

7. Membership of board

8. Appointment of members

9. Period of appointment

10. Variation of term of appointment

11. Vice-chairperson

12. Vacancies in membership

13. Publication of appointment

14. Presiding officer at meetings

15. Quorum

16. Appointment of staff

17. Powers and duties of board

18. Records, accounts and report

19. Financial year

20. Agreement

21. Delegation to board

PART II
REGIONAL HOSPITAL BOARDS

22. Regional hospital boards

23. Membership of regional board

24. Appointment of members

25. Nomination by minister

26. Powers and duties of regional board

27. Application of certain sections

PART III
GENERAL

28. Budget

29. Revised budget

30. Alteration of buildings

31. Alteration of services

32. Powers of hospital authority

33. Hospital by-laws

34. Student facilities

35. Hospital records

36. Limitation of actions

PART IV
MISCELLANEOUS

37. Regulations

38. Election of board members

39. Act prevails

40. Exception

Schedule


Short title

1. This Act may be cited as the Hospitals Act.

1971 No81 s1

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Definitions

2. In this Act

(a) "children's hospital" means the children's hospital situated at Pleasantville, St. John's, to which The Children's Hospital Management Act, 1966 applies;

(b) "department" means the Department of Health;

(c) "designated hospital authority" means with respect to a regional board a hospital authority designated under subsection 22(3) with reference to that board;

(d) "general hospital" means The General Hospital at St. John's to which the General Hospital Management Act applies;

(e) "government operated hospital" means a hospital which is operated by the Crown;

(f) "hospital" means a building, premises or place that is established and operated for the lodging and treatment of patients afflicted with or suffering from sickness, disease, injury or mental illness and includes a maternity hospital, a nurses' residence and all buildings and equipment used for the purposes of a hospital, but does not include a hospital owned or operated by the Crown in right of Canada or an agency of the Crown in right of Canada;

(g) "hospital authority" means the board of directors, board of governors, board of trustees, hospital board, corporation or other governing body, committee or person managing or controlling the operation of a scheduled hospital;

(h) "hospital board" means a hospital board referred to in section 4;

(i) "hospital proprietor" means a person in whom the title to a hospital is vested and includes a person who holds possession of a hospital under a lease or sublease;

(j) "instrument" includes a memorandum and articles of incorporation under the Corporations Act and a regulation, by-law or order made under an Act;

(k) "minister" means the Minister of Health;

(l) "municipal authority" includes the St. John's Municipal Council, the Corner Brook City Council, the Mount Pearl City Council, a council of a city or a municipality constituted by a special Act, a town council, rural district council or board of trustees of a local improvement district established or continuing and operating under the Municipalities Act, and a council of a community organized or continuing and operating under the Municipalities Act;

(m) "municipality" means the area where a municipal authority has jurisdiction;

(n) "patient" means a person who receives investigation, diagnosis, treatment or other services at or in a hospital;

(o) "person" includes, in addition to a natural person, a corporation and a partnership, an association or legal entity;

(p) "regional board" means a regional hospital board constituted under section 22; and

(q) "scheduled hospital" means a hospital referred to in the Schedule.

1971 No14 s2; 1971 No81 s2; 1979 c33 s647;
1986 c12 Sch; 1988 c35 s443

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Application of Act

3. (1) This Act applies to and in respect of the hospitals referred to in the Schedule.

(2) The Lieutenant-Governor in Council may, by order, amend the Schedule

(a) by removing from it a hospital referred to in it, after consultation between the minister and the appropriate hospital authority; or

(b) by adding a hospital to it,

and this Act applies to the hospitals referred to in the Schedule as amended.

(3) This Act does not apply to

(a) a home for the aged, an infirmary or other institution, the purpose of which is the provision of custodial care; or

(b) a hospital removed from the Schedule by an order of the Lieutenant-Governor in Council made under subsection (2).

(4) The Lieutenant-Governor in Council may, by order to be made under subsection (2), add to the Schedule a hospital or other institution referred to in paragraph (3)(b), and with the prior written approval of the owner, an institution referred to in paragraph (3)(a), and an institution referred to in paragraph (3)(a) that is added to the Schedule shall be considered to be a hospital for the purpose of this Act.

(5) This Act applies to the Crown.

1971 No81 s3

PART I
HOSPITAL BOARDS

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Hospital boards

4. (1) The Lieutenant-Governor in Council may, by order, constitute a hospital board to manage and control the operation of a scheduled hospital, and the hospital board shall be known by the name set out in the order constituting that hospital board.

(2) A hospital board constituted under subsection (1) is a corporation.

(3) A hospital board may be constituted under this section to manage 2 or more scheduled hospitals.

1971 No81 s5; 1981 c45 s1

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Board may replace authority

5. (1) A hospital board may be constituted under section 4 to act in place of the hospital authority then managing a scheduled hospital whether or not it is operated under a special or general Act of the province or an instrument made under that Act, but this subsection shall not limit the generality of subsection 4(1).

(2) When a hospital board is constituted for the purpose referred to in subsection (1), the Lieutenant-Governor in Council may by order repeal or revoke the provisions of a special or general Act or instrument applying to the hospital which conflict or are inconsistent with this Act or the regulations, but whether or not an order is made under this subsection, section 32 shall apply to the hospital board.

(3) Where a hospital board is constituted, all assets, liabilities, rights and obligations of the hospital authority, whether contractual, statutory or otherwise, are considered to have been assumed and continued by and vested in the hospital board as if the hospital authority and the hospital board were a single corporation.

1971 No81 s6; 1988 c17 s1

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Minister's recommendation necessary

6. Notwithstanding sections 3 and 4, an order may be made under subsection 4(1) or section 5

(a) in respect of a government operated hospital, the general hospital or the children's hospital, only upon the recommendation of the minister; and

(b) in respect of a scheduled hospital other than those referred to in paragraph (a), only upon the recommendation of the minister and with the prior written consent of the appropriate hospital proprietor, and hospital authority.

1971 No81 s7

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Membership of board

7. (1) The membership of a hospital board shall consist of a number of persons not less than 8 and not more than 18, the number to be prescribed by the Lieutenant-Governor in Council.

(2) Every resident of the province is qualified to serve as a member of a hospital board.

(3) A number of persons not exceeding 1/3 of the prescribed number of the membership of a hospital board may be appointed members of the board even though they are not residents of the province.

(4) A person is not qualified to be appointed to a hospital board who is a member of the medical staff of a hospital operated by that board or who is an employee of the board.

(5) A member of a hospital board is entitled to vote at meetings of the board, but a member may not vote on a question from the determination of which he or she will or may derive a monetary or other material advantage.

(6) Notwithstanding subsection (1), a hospital board shall be considered to be validly constituted for all purposes when 1/2 of the members, including the chairperson, is appointed.

1971 No81 s8; 1977 c61 s1; 1988 c39 s8

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Appointment of members

8. (1) The members of a hospital board shall be appointed by the minister who shall designate 1 of them as chairperson.

(2) Where it is provided in the regulations that a designated number of persons to be appointed to a hospital board shall be elected, the minister shall hold an election for the selection of that number in the manner prescribed in this Act and the regulations.

(3) Where it is provided by this Act that a designated number of persons to be appointed to a hospital board shall be nominated by a person other than the minister, the selection of that number shall be made in that manner.

1971 No81 s9

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Period of appointment

9. (1) The first members of a hospital board shall be appointed for a period not exceeding 3 years to be prescribed by the Lieutenant-Governor in Council, and afterward, members shall be appointed to the board for a period not exceeding 3 years.

(2) The term of office of all members of a hospital board shall end at the same time, without regard to the date of their appointment.

(3) A member of a hospital board who becomes a member of the medical staff of a hospital operated by that board or becomes an employee of the board shall stop being a member of that board.

(4) Where the term of office of the members of a hospital board expires and their successors have not been appointed, those members shall continue to hold office until 1/2 of the prescribed number of members, including the chairperson, is appointed to succeed them, but time served by a member under this subsection shall not be counted for the purpose of subsection 11(3).

1971 No81 s10; 1988 c17 s2

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Variation of term of appointment

10. Notwithstanding section 9, the Lieutenant-Governor in Council may by order in respect of the members of a hospital board

(a) prescribe a term of office for a period greater or less than 3 years;

(b) prescribe that some of the members of the hospital board shall retire at the end of the term for which they were appointed, prescribe the number to retire and the method by which the members to retire shall be determined and provide that those remaining members who are willing to accept reappointment shall be reappointed to the board for a period to be prescribed by the Lieutenant-Governor in Council;

(c) make further provision for the retirement of some of the members of the hospital board from time to time, prescribe the number to retire and the method by which the members to retire shall be determined, provide for the reappointment of those remaining members who are willing to accept reappointment and prescribe the period for which they are to be reappointed; and

(d) prescribe other measures that in the opinion of the Lieutenant-Governor in Council are desirable to promote the object that at the beginning of a term of office of a hospital board, there shall be appointed some persons who have served as members during the immediately preceding term of office,

and the Lieutenant-Governor in Council may exercise any or all of the powers conferred by this section, and where an order made under this section conflicts with subsections 9(1) or (2), the order prevails.

1971 No81 s11

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Vice-chairperson

11. (1) The members of a hospital board may elect from among their number a person to act as vice-chairperson.

(2) If the office of chairperson becomes vacant, the minister shall fill the vacancy by appointing or designating a chairperson.

(3) Members of a hospital board are eligible for reappointment, but a member may not serve on a board for a continuous period longer than 9 years.

1971 No81 s12

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Vacancies in membership

12. (1) Where a member of a hospital board other than the chairperson stops being a member, the minister shall fill the vacancy by appointing a person to be selected or elected under the same conditions and with the same qualifications that were required under this Act in respect of the selection or election of the member that person replaces.

(2) The person appointed under subsection (1) to fill a vacancy in the membership of a hospital board shall serve only for the remainder of the term of the member he or she replaces, but that person is eligible for reappointment.

1971 No81 s13

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Publication of appointment

13. Notice of the appointment of members of a hospital board shall be published in the Gazette, but the failure to publish does not affect the validity of the appointment.

1971 No81 s14

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Presiding officer at meetings

14. (1) The chairperson, and in his or her absence the vice-chairperson, shall preside at all meetings of a hospital board, and the decision of the chairperson or vice-chairperson on all points of order is final.

(2) Where both the chairperson and vice-chairperson are absent from a meeting, the members of a hospital board who are present shall appoint from their number a temporary chairperson who has and may exercise the powers and shall carry out the duties of chairperson at the meeting.

1971 No81 s15

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Quorum

15. (1) One-half of the members of a hospital board, and if 1/2 is not a whole number, the whole number next below 1/2 constitutes a quorum of the hospital board for a meeting.

(2) A disputed question other than a point of order shall be decided by the majority of the members of a hospital board present at a meeting.

(3) A member who is disqualified from voting on a question by subsection 7(5) shall not, in respect of that question, be counted under subsection (1) or (2) of this section.

(4) Where there is an equality of votes inclusive of his or her own vote, the member of a hospital board presiding at a meeting has a 2nd or casting vote.

(5) The chairperson, vice-chairperson and other members of a hospital board shall serve without remuneration, but they shall be paid all travelling and other expenses reasonably incurred in connection with the work of the board.

1971 No81 s16

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Appointment of staff

16. Subject to the regulations, a hospital board may appoint an administrator of a hospital under its jurisdiction who may also perform the duties of secretary, and other medical, nursing, technical, administrative, clerical, secretarial, accounting and other staff that it considers necessary for exercising and carrying out the powers and duties referred to in section 17, and may provide the salaries or other remuneration for them that it thinks appropriate.

1971 No81 s17

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Powers and duties of board

17. (1) The powers and duties of a hospital board are

(a) to maintain, manage and operate the hospitals under its jurisdiction and to provide in them accommodation for the treatment and care of all patients, whether suffering from disease or accident, and, subject to the regulations, to fix fees and arrange terms for services rendered to patients and to enter into contracts for the admission and care of those patients;

(b) to provide facilities for proper medical and surgical attendance, nursing, food and medicine, and all things and appliances of a medical, surgical, dietetic and sanitary character that may be required for the treatment of patients;

(c) subject to the approval of the minister, to add to or extend the hospital or its facilities and to build or provide additional buildings for the purposes of the hospital, including nurses' home or staff quarters that it may consider expedient;

(d) subject to the approval of the minister, to educate and train nurses and other hospital personnel;

(e) to accept subscriptions and donations, whether lands, buildings, money or other property and devises and bequests, for 1 or more of the purposes referred to in paragraphs (a) to (d) and, subject to the approval of the minister, to sell and dispose of or to lease and accept surrenders of leases of and manage all land, buildings and other real property, except real property referred to in paragraph (g), so received and not required to be or capable of being occupied or used for the purposes of the hospital;

(f) to take steps by personal or written appeals, public meetings or otherwise that it may consider appropriate for the purpose of obtaining contributions, in the form of donations or annual subscriptions or otherwise, to the funds of the hospital or the hospital board;

(g) to administer, in furtherance of the objects of the hospital board, all funds which it may receive and to sell and dispose of or to lease and accept surrenders of leases of and manage all real property donated or devised to the hospital board; and

(h) generally to do all those things that it considers appropriate for the purpose of the attainment of the above objects.

(2) The powers and duties conferred on a hospital board by subsection (1) are subject to those qualifications, modifications, limitations and restrictions that may be imposed by this Act and the regulations.

(3) Nothing in this Act prevents a hospital board from inviting a member of the medical staff or the administrator of a hospital operated by it, an employee of the board or other person to attend a meeting of the board.

1971 No81 s18

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Records, accounts and report

18. (1) The chairperson or other officer presiding over a hospital board shall ensure that regular minutes of the meetings of the hospital board and complete books of account are kept and shall, in each financial year and not less than 6 months before the end of that year, make a report to the minister showing the work done during the financial year immediately preceding that in which the report is made and setting out other data that may be of interest in connection with the report.

(2) In the report made under subsection (1), there shall be included an account, made up to the end of the financial year covered by the report, setting out the income and expenditure of the hospital board during that year and a statement of the assets and liabilities of the hospital board at the end of that year.

(3) The chairperson of a hospital board and 1 other member of the hospital board shall sign the account referred to in subsection (2), and the auditor shall certify the account and the chairperson shall attach to the certificate a report which the auditor may have made to the hospital board.

(4) A hospital board may publish, in a manner that it thinks appropriate, the account and the certificate and the report of the auditor referred to in subsection (3).

1971 No81 s19

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Financial year

19. (1) Unless otherwise provided by the regulations, the financial year of a hospital board is from April 1 to March 31 following, but in the 1st year of the board the financial year shall be from the date that the members of the board take office until March 31 following.

(2) A hospital board shall open its accounts in the name of the board in a bank approved by the board for the purpose, and shall deposit to the credit of those accounts money received by the board in its exercise of the management and operation of every hospital under its jurisdiction, and all cheques or orders withdrawing money from an account shall be signed by 2 persons designated by the board.

1971 No81 s20; 1977 c61 s2

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Agreement

20. (1) Notwithstanding section 3, where it is proposed to invoke subsection 4(1) or section 5 in respect of a scheduled hospital, a written agreement may be executed and delivered by and between the minister and the appropriate hospital proprietor and hospital authority

(a) prescribing the qualifications for membership, the selection of members and by whom and in what manner they are to be nominated or selected, the number of members of the hospital board to be constituted under section 4 for that scheduled hospital and those other matters respecting the constitutional organization of that board that may be mutually agreed to between the parties to the agreement;

(b) providing that the chief of staff and the administrator of the hospital may be members of the hospital board;

(c) providing for the appointment of the chairperson of the hospital board;

(d) prescribing the maximum period during which members may serve;

(e) providing for the retirement of members; and

(f) providing that the agreement may be amended only by a supplementary agreement in writing executed by and between the parties to the original agreement,

and in an agreement, arrangements respecting 1 or more of the matters referred to in paragraphs (a) to (e) may depart from the provisions of this Act respecting those matters to the extent that the Lieutenant-Governor in Council considers necessary or desirable.

(2) An agreement and supplementary agreement made under subsection (1) shall be subject to the approval of the Lieutenant-Governor in Council.

(3) An agreement or a supplementary agreement executed and delivered under subsection (1) and approved by the Lieutenant-Governor in Council in accordance with subsection (2) shall have the same effect and shall be binding on all persons as if it were expressly set out in this Act, and whenever this Act or the regulations conflict with that agreement, the agreement shall prevail.

1971 No81 s21; 1977 c61 s3

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Delegation to board

21. The Lieutenant-Governor in Council may by order assign to a hospital authority the supervision, direction and control of a matter or thing relating to the health of the public in the district served by the hospital authority and towards the effective exercise of that supervision, direction or control, the Lieutenant-Governor in Council may confer upon and entrust to that hospital authority those powers and duties conferred or imposed by an Act on the minister or an officer of the department.

1977 c61 s4; 1981 c45 s2

PART II
REGIONAL HOSPITAL BOARDS

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Regional hospital boards

22. (1) The Lieutenant-Governor in Council may, by order, constitute regional hospital boards, each to supervise and co-ordinate the work of a number of the hospital authorities of scheduled hospitals and to be known as "The Regional Hospital Board".

(2) A regional board constituted under subsection (1) is a corporation.

(3) The Lieutenant-Governor in Council shall designate the hospital authorities which a regional board constituted under this section is to supervise.

1971 No81 s22

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Membership of regional board

23. (1) The membership of a regional board shall consist of a number of persons not less than 8 and not more than 18, the number to be prescribed by the Lieutenant-Governor in Council.

(2) A designated hospital authority shall be entitled to nominate 1 person to represent it on the regional board in respect of which that hospital authority was designated under subsection 22(3).

(3) Every resident of the province is qualified to serve as a member of a regional board.

(4) An employee of a board is not qualified to be appointed to that regional board.

(5) A member of a regional board is entitled to vote at all meetings of the board but a member may not vote on a question from the determination of which he or she will or may derive a monetary or other material advantage.

(6) Notwithstanding subsection (1), a regional board is validly constituted for all purposes when 1/2 of the members, including the chairperson, is appointed.

1971 No81 s23

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Appointment of members

24. The members of a regional board shall be appointed by the Lieutenant-Governor in Council who shall designate 1 of them as chairperson.

1971 No81 s24

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Nomination by minister

25. (1) Notwithstanding section 24, the members of a regional board, including the chairperson, shall be nominated by the minister.

(2) Notwithstanding section 24, where it is provided in the regulations that a designated number of persons to be appointed to a regional board shall be elected, the minister shall hold an election for the election of that number in the manner prescribed in this Act and the regulations.

(3) The nomination of the minister shall not be required for the appointment to the appropriate regional board of a person who is validly elected in accordance with subsection (2) or nominated in accordance with subsection 23(2) for appointment to that board.

1971 No81 s25

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Powers and duties of regional board

26. (1) The powers and duties of a regional board are

(a) subject to the prior written approval of the minister, to prescribe the type of hospital, medical and surgical care to be provided in each hospital managed by its designated hospital authorities but an order or decision of a regional board under this paragraph is not effective until it has received the approval of the Lieutenant-Governor in Council;

(b) to supervise and co-ordinate the work of its designated hospital authorities;

(c) to act as liaison between the minister and the department and its designated hospital authorities;

(d) to help its designated hospital authorities in developing and implementing programs for the hospital, medical and surgical care to be supplied at the hospitals managed by those hospital authorities;

(e) to help its designated hospital authorities in providing proper facilities for the hospital, medical and surgical care to be supplied by the hospitals managed by those hospital authorities;

(f) to accept subscriptions and donations, whether lands, buildings, money or other property and devises and bequests, for a purpose referred to in paragraphs (a) to (e) and, subject to the approval of the minister, to sell and dispose of or to lease and accept surrenders of leases of and manage all land, buildings and other property so received and not required to be or capable of being occupied or used for the purposes of a hospital, and generally, but subject to the approval of the minister, to manage, invest, spend and dispose of that money and property;

(g) subject to the approval of the minister, to receive loans from governmental, municipal or other bodies, public or private, or from other persons, and to pay interest and establish sinking funds on loans and to repay loans;

(h) to take steps by personal or written appeals, public meetings or otherwise that it may consider expedient for the purpose of obtaining contributions, in the form of donations or annual subscriptions or otherwise, to its funds;

(i) to administer, in furtherance of the objects of the regional board, all funds which it may receive;

(j) to exercise the supervision, management, direction or control of all matters and things entrusted to it under subsection (2) or (3); and

(k) generally to do all those things that it considers appropriate for the purpose of the attainment of the objects referred to in paragraphs (a) to (j).

(2) The Lieutenant-Governor in Council may by order entrust to a regional board, in addition to the powers and duties conferred on that regional board by this Act, the management and control of 1 or more hospitals, and towards the management and control of every hospital so entrusted to it, a regional board shall discharge the duties and may exercise the powers imposed or conferred on a hospital board by this Act, but this subsection shall not be invoked in respect of a hospital under the management and control of a hospital authority without the prior written consent of that hospital authority and the appropriate hospital proprietor.

(3) The Lieutenant-Governor in Council may by order assign to a regional board the supervision, direction and control of a matter or thing relating to the health of the public and towards the effective exercise of that supervision, direction or control, the Lieutenant-Governor in Council may confer on and entrust to that regional board the powers and duties conferred or imposed by a statute on the minister or an officer of the department.

(4) The powers conferred on a regional board by subsection (1) are subject to those qualifications, modifications and restrictions that may be imposed on it by this Act and the regulations.

1971 No81 s26

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Application of certain sections

27. Section 9, sections 11 to 16 and sections 18 and 19 shall, with the necessary changes, apply to and in respect of a regional board constituted under section 22.

1971 No81 s27

PART III
GENERAL

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Budget

28. A hospital authority shall, not later than 90 days after the day on which the members of the hospital authority take office in the 1st financial year and at a date to be prescribed by the minister in each succeeding year, prepare and adopt and submit to the minister a budget containing estimates of all sums required during the next financial year of every hospital under its jurisdiction and the budget shall set out the estimated revenue and expenditure in the detail and in the form that the minister may prescribe and shall be accompanied by a statement showing the charges for accommodation which will be imposed during the next financial year.

1971 No81 s28; 1977 c61 s5

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Revised budget

29. (1) Where during the financial year in respect of which a budget has been submitted it appears that the actual revenue or expenditure of a hospital authority is likely to be substantially greater or less than estimated, the hospital authority may, and where required by the minister shall, submit to the minister a revised budget containing the particulars required under section 28 and, in addition, particulars of actual receipts and payments and outstanding liabilities up to the time of submission.

(2) The minister may approve or disapprove a budget submitted by a hospital authority, or may approve a budget subject to amendments to it to be prescribed by the minister at the time of the minister's approval.

(3) Where the minister requires a hospital authority to submit a revised budget under subsection (1), the minister may notify the hospital authority that the approval given in respect of a budget previously submitted is withdrawn, and where the minister does so, he or she shall state the date upon which the withdrawal of approval takes effect.

(4) Except with the approval of the minister, a hospital authority shall not enter upon or contract or become liable for an expenditure or indebtedness beyond or in excess of the estimated amount of expenditure set out in an approved budget, but this subsection does not apply to the expenditure of revenues received or receivable which are not taken into account in the calculation of the contribution to be made by Canada to the province under an agreement made under the Canada Health Act and regulations made under that Act and the Hospital Insurance Agreement Act and regulations made under that Act.

(5) A hospital authority shall appoint an auditor to audit its accounts.

1971 No14 s2; 1971 No81 s29

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Alteration of buildings

30. (1) A hospital authority shall not add a building or an additional facility to or in a hospital, unless the plans and specifications for the building, facility or renovations have been approved by the minister.

(2) Subject to the regulations, an approval given under this section may be suspended by the minister.

1971 No81 s30

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Alteration of services

31. Where a hospital authority proposes to introduce additional medical, surgical or other professional services or alter those services then existing, the hospital authority shall, before implementing its proposal, obtain the prior written approval of the minister.

1971 No81 s31

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Powers of hospital authority

32. A hospital authority may carry on its undertaking in the manner it is authorized or empowered to do under a general or special Act or an instrument made under a general or special Act, but where a provision of a general or special Act or instrument conflicts with the provisions of this Act or the regulations, the provisions of this Act and the regulations prevail.

1971 No81 s32

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Hospital by-laws

33. A hospital authority shall make by-laws respecting the matters required by the regulations to be dealt with in the by-laws of that hospital authority, and may make by-laws consistent with this Act or the regulations respecting those other matters or things relating to the management and control of its property and affairs that the hospital authority considers to be necessary or advisable.

1971 No81 s33

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Student facilities

34. The hospital authority managing a teaching hospital shall provide facilities for medical and dental students and for the training of nurses, technicians and others, that the regulations require.

1971 No81 s35

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Hospital records

35. (1) A record regarding a patient that is prepared in a hospital by a member of the staff of that hospital or by a person employed by the hospital authority exercising jurisdiction over that hospital is the property of that hospital authority.

(2) A hospital authority shall not allow a person access to, or disclose to a person information contained in the records of the hospital authority.

(3) Subsection (2) does not apply in respect of information provided by a hospital authority to

(a) a patient or former patient of the hospital controlled by the hospital authority, or where that patient is an infant or under disability, to the parent or guardian of that person;

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

(c) an agency or department of a provincial government or the Government of Canada, or an official of a 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 hospital authority is approved by the minister; or

(d) a physician or other hospital authority within or outside the province, where the physician or hospital authority is in the course of treatment of the patient concerned,

when the information is provided at the request of that person or department.

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

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

(b) the hospital authority is satisfied in writing that the person engaging in the research understands the provisions of subsections (5) and (6).

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

(a) a patient;

(b) a physician;

(c) a member of the staff of a hospital; or

(d) a person employed by the hospital authority.

(6) A person who contravenes subsection (5) is guilty of an offence and liable on summary conviction to a fine not exceeding $500 and in default of payment to a term of imprisonment not exceeding 30 days.

(7) A hospital authority is not liable for damages caused to a person as a result of the release of information or the allowing of access to information by a person under subsection (3) or as a result of the reasonable exercise by the hospital authority of the discretion conferred upon it by subsection (4).

(8) An action for defamation against an employee of a hospital authority may not be founded on the publication or disclosure of information released under subsections (3) and (4).

1971 No81 s36; 1977 c61 s6

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Limitation of actions

36. All actions against a hospital authority or a regional board or an officer or employee of a hospital authority or a regional board for damages or injury caused by negligence in the admission to, care, treatment at or discharge from a hospital of a patient shall be started within 2 years from

(a) the date that the cause of action arose; or

(b) the date that that patient was discharged from or stopped receiving treatment at that hospital,

whichever date is the later, and an action which is not started within the period prescribed in this section is forever barred.

1983 c49 s1

PART IV
MISCELLANEOUS

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Regulations

37. (1) Upon the recommendation of the minister, the Lieutenant-Governor in Council may make regulations with respect to scheduled hospitals

(a) respecting the creation, establishment, construction, alteration, equipment, safety, maintenance and repair of scheduled hospitals;

(b) respecting their classifications, grades and standards;

(c) respecting their inspection, control, government, management, conduct, operation and use;

(d) prescribing the matters upon which by-laws may be made by hospital authorities;

(e) prescribing the powers and duties of inspectors;

(f) providing for the election of a designated number of members of a hospital board or regional board not exceeding 1/2 of the membership, prescribing the manner in which the designated number of members of a board shall be elected, the persons who shall be entitled to elect them and the persons from whom those members shall be elected;

(g) prescribing that 1 or more members of a hospital board may be nominated by the minister after consultation with a person or nominated by a person designated in the regulations or nominated by 1 or more municipal authorities;

(h) prescribing a financial year for hospital boards and regional boards other than that prescribed in section 19;

(i) providing for the auditing of the accounts of hospital boards and regional boards;

(j) prescribing the manner in which hospital rates and charges shall be calculated;

(k) prescribing the facilities that teaching hospitals shall provide for medical and dental students and the training of nurses, technicians and others;

(l) respecting the records, books, accounting systems, audits, reports and returns to be kept or made by hospital authorities and by regional boards;

(m) requiring reports and returns to be provided to the minister by hospital authorities and by regional boards and prescribing the times at and the form in which they shall be provided and the period to be covered by a report or return; and

(n) generally, to give effect to the purpose of this Act.

(2) The Lieutenant-Governor in Council may prescribe in regulations made under subsection (1) that they shall apply to all scheduled hospitals or designated scheduled hospitals or a class of scheduled hospitals, but regulations made under that subsection shall not be discriminatory in respect of a particular hospital or hospital authority, and may not conflict with an agreement or supplementary agreement made under section 20.

(3) The constitutional government or organization of the hospital authority of a scheduled hospital referred to in paragraph 6(b) shall not be altered or affected by a regulation made under this section.

1971 No81 s38

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Election of board members

38. (1) The minister may make a written arrangement with a municipal authority or other person for the conduct by that municipal authority or person of an election of 1 or all of the members of a hospital board or a regional board required by the regulations to be elected, whether required for the appointment of a new membership of that board or for the filling of a vacancy in an existing membership, and where an arrangement is made, the election may be held and conducted in accordance with the procedure for the election of councillors to a municipal authority, or in accordance with the regulations, as the minister shall determine, and where the election is being conducted by a municipal authority, it may be held at the same time as an election of councillors to the municipal authority or it may be held at another time, as the minister may approve.

(2) Where an arrangement is made under subsection (1) with a municipal authority or other person for the holding of an election, the municipal authority or other person is empowered to conduct the election, in accordance with the arrangement, in all respects as if the provisions of the arrangement were set out in this Act.

1971 No81 s39

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Act prevails

39. Where this Act conflicts with the Department of Health Act or another Act, this Act shall prevail.

1971 No14 s2; 1971 No81 s40

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Exception

40. Nothing in this Act shall be considered to require or to authorize a person to require anything to be done at a scheduled hospital operated by a religious order or under the auspices of a religious denomination which is contrary to the religious beliefs of that religious order or denomination.

1971 No81 s41

 

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Schedule

1. All hospitals and nursing stations operated by the Grenfell Regional Health Services Board in the province.

2. All hospitals operated by the Crown in right of the province.

3. The A.M. Guy Memorial Hospital, Buchans.

4. The Bonavista Hospital, Bonavista.

5. Brookfield Hospital, Brookfield.

6. The Burin Cottage Hospital, Burin.

7. The Burin Peninsula Health Care Centre, Salt Pond, Burin.

8. Captain William Jackman Memorial Hospital, Labrador City.

9. Carbonear General Hospital, Carbonear.

10. Central Newfoundland Hospital, Grand Falls.

11. The Children's Rehabilitation Centre, Pleasantville, St. John's.

12. The Dr. A.A. Wilkinson Memorial Hospital, Old Perlican.

13. The Dr. Charles A. Janeway Child Health Centre, Pleasantville, St. John's.

14. The Dr. Charles L. LeGrow Health Centre, Channel.

15. The Dr. G.B. Cross Memorial Hospital, Clarenville.

16. Escasoni Senior Citizens Complex, St. John's.

17. Fogo Hospital, Fogo.

18. The General Hospital, St. John's.

19. The Golden Heights Manor Senior Citizens' Home, Bonavista.

20. Hoyles Home, St. John's.

21. The James Paton Memorial Hospital, Gander.

22. M.J. Boylen Hospital, Baie Verte.

23. Notre Dame Bay Memorial Hospital, Twillingate.

24. Port Saunders Hospital, Port Saunders.

25. St. Clare's Mercy Hospital, St. John's.

26. St. Luke's Home Hospital Unit, St. John's.

27. St. Patrick's Mercy Home Hospital Unit, St. John's.

28. The Salvation Army Grace General Hospital, St. John's.

29. The Sir Thomas Roddick Hospital, Stephenville.

30. Springdale Hospital, Springdale.

31. Waterford Hospital, St. John's.

32. Western Memorial Hospital, Corner Brook.

1971 No81 Sch; 1977 c61 s7; 1981 c45 s3;
Nfld. Regs. 215/84, 271/85, 265/86, 283/86 & 225/87

©Earl G. Tucker, Queen's Printer