31

 


 

Second Session, 50th General Assembly

1 Charles III, 2023

BILL 31

AN ACT TO AMEND THE PATIENT SAFETY ACT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE TOM OSBORNE

Minister of Health and Community Services

Ordered to be printed by the Honourable House of Assembly


EXPLANATORY NOTES

This Bill would amend the Patient Safety Act to

ˇ         add definitions for "correctional facility" and "staff member";

ˇ         authorize a quality assurance activity committee to require a staff member to provide information, documents or records that relate to a close call or occurrence that is being reviewed or investigated;

ˇ         clarify that health care workers, persons under the authority of a regional health authority and staff members are required to provide information, documents or records that a quality assurance activity committee considers necessary;

ˇ         include a staff member in the list of individuals and entities that are protected from legal action for releasing information in good faith in accordance with the Act; and

ˇ         incorporate gender-neutral language.


A BILL

AN ACT TO AMEND THE PATIENT SAFETY ACT

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.8 Amdt.
Quality assurance information to minister

        3.   S.10 Amdt.
Release of information

        4.   S.17 Amdt.
Disclosure to patient

        5.   S.19 Amdt.
Membership

        6.   S.23 Amdt.
Protection from liability


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2017 cP-3.01

        1. (1) Section 2 of the Patient Safety Act is amended by adding immediately after paragraph (c) the following:

          (c.1)  "correctional facility" means a place of lawful confinement in the province including a jail, prison, lockup, place of imprisonment, camp or correctional institution where health services are provided, but does not include penitentiaries under the control of the Government of Canada;

             (2)  Section 2 of the Act is amended by deleting the word "and" at the end of paragraph (t), deleting the period at the end of paragraph (u) and substituting a semi-colon and the word "and" and by adding immediately after paragraph (u) the following:

             (v)  "staff member" means correctional officers and other persons employed by or under contract with the Department of Justice and Public Safety at a correctional facility.

 

        2. Section 8 of the Act is amended by deleting the words "his or her" and substituting the words "the minister's".

 

        3. (1) Subsection 10(3) of the Act is amended by deleting the words "his or her personal health information" and substituting the words "personal health information about the person".

             (2)  Subsection 10(4) of the Act is repealed and the following substituted:

             (4)  For the purpose of carrying out its duties and responsibilities under this Act, a quality assurance activity committee may require the following persons who have information, or the custody or control of a document or record, relating to a close call or an occurrence being reviewed or investigated to provide the information, document or record in accordance with the regulations:

             (a)  a health care provider;

             (b)  a person under the authority of a regional health authority; and

             (c)  a staff member.

             (3)  Section 10 of the Act is amended by adding immediately after subsection (4) the following:

         (4.1)  A person referred to in subsection (4) shall provide all information, documents or records required by the quality assurance activity committee under subsection (4).

 

        4. Subsection 17(5) of the Act is amended by deleting the words "to him or her".

 

        5. Paragraph 19(1)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the deputy minister's".

 

        6. Subsection 23(1) of the Act is amended by adding immediately after paragraph (d) the following:

         (d.1)  a staff member;