305/2008

M267/2008

October 31, 2008

Patient Care Quality Review Board Act

External Complaint Regulation

Definitions

In this regulation:

Act means the Patient Care Quality Review Board Act ;

child care means supervision provided by, or health care delivered in, a licensed community care facility through a program referred to in

section 2 of the Child Care Licensing Regulation, B.C. Reg. 332/2007;

community care facility has the same meaning as in the Community Care and Assisted Living Act ;

licensed community care facility means a community care facility for which a licence has been issued under the Community Care and Assisted Living Act .

External complaint

A care quality complaint is included in the definition of "external complaint" for the purposes of

section 4 of the Act

if the health care or service to which the complaint relates is child care,

if the health care or service to which the complaint relates is the involuntary admission of the complainant, or the failure to involuntarily admit the complainant, under

section 22 of the Mental Health Act ,

if the complaint is about a decision of a review panel established under

section 24.1 of the Mental Health Act ,

the care quality complaint relates to the failure to deliver health care or a service, and

had the health care or service been delivered, a complaint about it would have been an external complaint, or

in the case of any other care quality complaint, unless any one of the following applies:

the health care or service to which the complaint relates was provided by a health authority or by another person pursuant to a contract with a health authority;

the health care or service to which the complaint relates was funded in whole or in part by a health authority;

iii

the health care or service to which the complaint relates was delivered in

a licensed hospital within the meaning of

section 5 of the Hospital Act ,

an institution, operated for the reception and treatment of persons referred to in paragraph (

b) or (

c) of the definition of "hospital" in

section 1 of the Hospital Act , that has been designated as a hospital under that Act, or

subject to paragraph (a), a licensed community care facility.

[Provisions of the Patient Care Quality Review Board Act , S.B.C. 2008, c. 35, relevant to the enactment of this regulation:

section 22]