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Volume 59, No. 17

225/2016

The British Columbia Gazette,

Part II

September 20, 2016

B.C. Reg. 225/2016 , deposited September 20, 2016, under the E-HEALTH (PERSONAL HEALTH INFORMATION ACCESS AND PROTECTION OF PRIVACY) ACT [section 26 (2) (h)], the HOSPITAL ACT [section 56 (3) (g)], the LABORATORY SERVICES ACT [section 71 (

b) and (c)] and the MEDICARE PROTECTION ACT [section 51 (2) (a)]. Order in Council 665/2016, approved and ordered September 19, 2016.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) the E-Health Regulation, B.C. Reg. 129/2011, is amended as set out in the attached

Schedule 1,

(

b) the Hospital Act Regulation, B.C. Reg. 121/97, is amended as set out in the attached

Schedule 2,

(

c) the Laboratory Services Regulation, B.C. Reg. 52/2015, is amended as set out in the attached

Schedule 3, and

(

d) the Medical and Health Care Services Regulation, B.C. Reg. 426/97, is amended as set out in the attached

Schedule 4.

— T. LAKE, Minister of Health ; A. VIRK, Presiding Member of the Executive Council .

Schedule 1

Section 2 of the E-Health Regulation, B.C. Reg. 129/2011, is repealed and the following substituted:

Requests for information

2 Owners of approved laboratory facilities within the meaning of the Laboratory Services Act are prescribed for the purposes of

section 6 [requests for information by authorized persons] of the Act.

Schedule 2

Section 18 of the Hospital Act Regulation, B.C. Reg. 121/97, is amended by striking out “ of B.C. Reg. 25/61, the Hospital Insurance Act Regulations, must be operated and managed in a manner that allows qualified persons, ” and substituting “ of the Hospital Insurance Act Regulations must be operated and managed in a manner that allows beneficiaries, ”.

Schedule 3

Section 1 of the Laboratory Services Regulation, B.C. Reg. 52/2015, is amended by repealing the definition of “Nurses (Registered) and Nurse Practitioners Regulation” .

Section 3 (2) is amended by striking out “ under

section 4 [enrollment of registered nurses (certified)] of this regulation ” and substituting “ as a practitioner under

section 13 of the Medicare Protection Act ”.

Section 3 (2) (

b) is amended by striking out “

section 8 (3) of the Nurses (Registered) and Nurse Practitioners Regulation, B.C. Reg. 284/2008. ” and substituting “

section 8 (2) (b) (ii) of the Nurses (Registered) and Nurse Practitioners Regulation. ”

Section 4 is repealed.

Schedule 4

Section 45 of the Medical and Health Care Services Regulation, B.C. Reg. 426/97, is repealed and the following substituted:

Availability of services

(1) In this section, “registered nurse (certified)” means a registered nurse certified in accordance with

section 8 (2) (b) (ii) of the Nurses (Registered) and Nurse Practitioners Regulation.

(2) For the purpose of paragraph (

c) of the definition of “benefits” in the Act, a practitioner referred to in Column 1 of the Table below is permitted to request those diagnostic services specified opposite the practitioner in Column 2:

Item

Column 1

Practitioner

Column 2

Diagnostic Services That May Be Requested

Medical practitioner

All diagnostic services

Nurse practitioner

Those diagnostic services associated with the scope of practice of a nurse practitioner

Registered nurse (certified)

Those diagnostic services associated with the scope of practice of a registered nurse (certified), if requested without an order having been made by an enrolled practitioner referred to in any of items 1, 2, 4, 5 or 6

Dentist

Those diagnostic services associated with the scope of practice of a dentist

Podiatrist

Those diagnostic services associated with the scope of practice of a podiatrist

Midwife

Those diagnostic services associated with the scope of practice of a midwife

(3) For the purpose of paragraph (

c) of the definition of “benefits” in the Act, a person who, at the time the diagnostic service was ordered, is entitled, in a jurisdiction of Canada outside British Columbia, to practise in a capacity equivalent to a medical practitioner is permitted to request all diagnostic services.

(4) Despite subsections (2) and (3), this

section does not apply to the extent of any prohibition or limitation on requesting diagnostic services to which a person is subject under protocols approved by the commission.

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