Bill 116 — Fi,;T Session, 17Th Legislature, 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 116 the Alberta Hospitals Amendment Act, 1972 (No.2) (Legislature 17, Session 1)

L17 S1 5097

Alberta — Bills

1972 Bill 116 fi,;t Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 116 The Alberta Hospitals Amendment Act, 1972 (No.2) THE MINISTER OF HEALTH AND SOCIAL DEVELOPMENT First Reading .............................. . Second Reading ............................. . Third Reading .............................. . Printed by the QUEEN'S PRINTER for the Province o·f AJlJberta, EDMONTON

Bill 116 BILL 116 1972 THE ALBERTA HOSPITALS AMENDMENT ACT, 1972 (NO.2) (Assented to , 1972) HER MAJESTY, by and with the advice and consent of the Legis'l,ative Assembly of Alberta, enacts as follows: 1. The Alberta Hospitals Act is hereby amended. 2.

(1) Section 3 is ame.nded (

a) as to subsection (1), by striking out the word "Commission" and by substituting the word "Min ister", (

b) as to subsection (2) by st,riking out the words "the Commission, after consultation with such bodies or persons as it considers competent to advise it thereon," and by substituting the words "the Minist€r, after consultation with such bodies or persons as he considers competent to advise him thereon,", (

c) as to subsection (3), (

i) bll striking out the word "Commission" and bll sUbstituting the word "Minister", (ii) by striking out the word "it" and by substitut ing the word "he", (

d) by adding the following subse.ction after subsection (3): .

(3.1) Where an order is made under any Act, before or after the commencement of this sub section, that results in a change in the area of a municipality (in this subsection caned the "munic ipal order"), an order under this

section that re~ suIts in a change in the area of a hospital district may, for the purpose of having the changes in th~ area of the hospital distri'ct effective as of the commeneement date of the municipal order, be made effective as of a date prior to the date on which it is made. (

e) as to subsection (6) , by striking out the word "Commission" and by substituting the, word "Min ister".

(2) Any order made under

section 3 of The Alberta Hospitals Act

Explanatory Notes I. This Bill amends

chapter 174 of the Revised Statutes of Al berta 1970.

Section 3 deals with the creation and cna'lllging of hospital districts. Until Apdl 1, 1971 the p'Ower to make orders under this seotion was conreITOO on ,the Minister of Healith when it was transifer:r;ed to the Alberta Hospital Servke,s Commissi'On. The amendment now transfers these powers to the Miillster .of Health aIlld Social Development. Consequential amendments are being made to 'sections 4 (2) , 10 and 24.

The new subsection (3.1) will enable the Minister to make changes in hospital district bounda,rychanges C'OITespond with municipal bOUi!1Jdary cihangels in Older to prevent difficulties that have arisen in the past in connection with the requisitioning by 'hospital district boards of funds from the contdbuting nunici palities.

(

a) by the MinisteT of He.alth before April 1, 1971, or (

b) by the Alberta Hospital Services Commission shall, upon the commencement of this subsection, be deeme.d to be an order of the Minister (as defined in The. Alberta Hospitals Act), notwithstanding anything in

section 29 of The Hospital Services Commission Act.

Section 4, subsection (2) is amended by striking out the. word "Commission" and by substituting the word "Minister" .

Section 10 is amended by striking out the word "Com mission" and by sUbstituting the word "Minister".

Section 24, subsection (1) is amended (

a) by striking out the word "Commission" and by substituting the word "Minister", (

b) by striking out the. word "it" and by substituting the word "he". 6. The following sections are added after

section 30.1,' 30.2

(1) The general by-laws of a board of an approved hospital having a rated capacity of 100 beds or over shall, and of an approved hospital having a rated capacity of less than 100 beds may, provide for the establishment for its hospital of a committee to be called the "hospital services utilization committee" and consisting of members of the medical staff, and may prescribe the powers and duties of that committee.

(2) The hospital services utilization committee of an approved hospital, in addition to its powers and duties under the general by-laws of the board, 2 (

a) shall conduct a review of a continuing nature of the utilization of all hospital services, and (

b) is entitled to require from the board and its em ployees such information as the committee reason ably requires for the purposes of its duties and access to the relevant records of the board for those purposes.

(3) This

section does not apply in the case of (

a) the Provincial Cancer Hospitals Board, or (

b) a board of management of a Provincial General Hospital under The Provincial General Hospitals Act, or (

c) the University Hospital Board.

3. See note to

section 2 'Of this Bill. 4. See note to

section 2 'Of this Bill. 5. See note to

section 2 of this Bill. 30.2. Establishment and functions 'Of hospital services utiliza tion committees for 'approved hospit1a1s. Similar p.rovi,sions are already c'Ontained in !hIe Acts respeclting the hospital hoards re ferred to in subsection (3). 2

30.3

(1) No action for defamation lies against any member of a hospital medical staff review committee in respect of (

a) advice given or statements, decisions or recom mendations made in good faith to the board of an approved hospital by the committee, or (

b) anything done or omitted to be done by him in good faith in the exercise of duties and powers given to the committee by this Act, the regulations or the by-laws of the board or of the medical staff.

(2) In this section, "hospital medical staff review 'com mittee" means any committee appointed by the board of an approved hospital or by the medical staff (

a) to evaluate and control clinical practice in the hos pital on a continuing basis for the purpose of main taining and improving the safety and quality of patient care, or (

b) to perform any functions in relation to the ap praisal and control of the quality of patient care in the hospital.

Section 31 is amended by striking out subsection (3) and by substituting the following,'

(3) The by-laws of the medical staff shall make pro vision for (

a) the adoption of rules governing the day to day man agement of medical affairs in the hospital, for the amendment or replacement of such rules from time to time as the need may arise, and shall provide that such rules become effective only upon their approval by the hospital board; (

b) a procedure for the review of decisions made by the medical staff or the board pertaining to or affect (c) (d) (

e) ing the privileges of members of the medical staff; a procedure to ensure that all applications for ap pointment to medical staff reach the board in the time prescribed in the by-laws, whether or not the appointment is recommended by the medical staff; a procedure whereby notice is to be given by the board to an applicant for an appointment to the medical staff within a reasonable time of the de cision of the board as to whether or not his applica tion has been accepted; requiring, in the case of hospitals with a rated capacity of less than 100 beds, that the credentials committee of the hospital confer with the College

30.3. Protection from Hahility for defamation of a member of a hospital medical staff review committee. 3 7.

Section 31(3) presently reads:

(3) The by-laws of the medical staff shall make prOVISIOn for the adoption of rules governing the day to day management of medical affairs in the hospital, for the amendment of such rules from time to time as the need may arise, and shall provide that such rules become effective only upon their approval by the hospital board.

4 of Physicians and Surgeons of the Province of Alberta for its advi'ce on all matters relating to medical staff privileges.

Section 35 is amended (

a) as to subsection (2) by adding after the words "may require that any or all of the following be sent to it" the words "or any person designated by it", (

b) by adding the following subsection after sub section (5):

(5.1) Notwithstanding subsection (3) or any other law, (

a) the Commission may, for the purposes mention ed in ,subsection (2) and without the consent of any other person, dlisdose to or obtain from (b) (c) (

i) the Alberta Health Care Insurance Com. mission, or (ii) the Department of National Health and Welfare for purposes in connection with the Medical Care Act (Canada) or the Hospital Insurance and Diagnost,ic Ser vices Act (Canada), or (iii) the government of a province of Canada or an agent of that government for purposes in connection with any health services or hospital care insurance plan administered by that government or its agent, any records of diagnostic and treatment ser· vi'ces provided in r'espect of a patient in an ap proved hospital; the board of an approved hospital may disclose any records of diagnosti,c and treatment ser vices provided in respect of a patient in its hospital to ~ny person without the consent of the patient, for the purpose of being used (

i) in bona fide research or in medical review, if the disclosure is made in such a manner as to ensure confidentiality of those records, or (ii) for training purposes in a medical records school if it does so in such a manner that the i~dividual names of the patients in those records are not revealed or made identifiable; the board of an approved hospital shall, after the discharge of a .patient from the hospital for the purpose of transferring him to anot~er hospital or nursing home inside or outsIde

Section 35, subsections (1) to (5) and (9) presently read: 35.

(1) The board of each approved hospital shall cause to be kept by the attending physician a record of the diagnostic and treatment services provided in respect of each patient in order to assist in pro viding a high standard Df medical care.

(2) Flor the purposes of assessing the standards Df care furnished to patients. improving hospital or medical prDcedures, compiling medi cal statistics, conducting medical research, Dr for any other purpose deemed by the Commission to be in the public interest, the CDmmission, or any person authorized by the COIDnlission, may require that all or any {)f the following be sent to it; (

a) medical and other records of any patient; (

b) extracts from and copies of any such records; (

c) diagnoses, charts or any information available in respect nf a patient.

(3) Information obtained from hospital reoords or frDm persons having access thereto shall be treated as private and oonfidential in formation in respect of any individual patient and shall be used solely for the purposes described ,in subsectiDn (2) and such information shall not be published, released or disclosed in any manner that wDuld be detrimental to the personal interests, reputation or privacy of a patient, or the patient's attending physician.

(4) Any person who knowingly and wilfully releases nr discloses such information to any person nnt authorized toO receive the same is guilty of an offence and liable upon

summary coOnviction toO a fine of not more than $100 and in default Df payment to a term of imprisonment not exceeding 15 days.

(5) Notwi:thstanding subsectiDn (3) or any other law, a board oOr employee of a board, the Commission or a person authorized by the Commission, or a physician may (

a) with the written consent of a patient divulge any diagnoses, record or infDrmation relating toO the pa;tient toO any person, and (

b) without written consent of a patient, divulge any diagnoses, record or information relating to the pa;tient to (

i) a Workmen's Compensation Board, or (ii) the Alberta Blue Cross Plan, or (iii) any other provincial hospital insurance authority, if the infDrmaUon is required in Drder to establish responsibility fDr payment by the organization Dr insurer, or to any other hospital toO which the patient may be transferred or admitted or to other attending physicians.

(9) In subsections (6) and (7), "legal respresentative" means an executor or administrator lo-f the estate Df a deceased patient, the CDm mittee Df the estate 0[' a patient who is a mentally incompetent person or the guardian Df the person or estate of a patient WhD is a minor.

Alberta, forward to that other hospital or nurs ing home copies of the appropriate records of diagnostic and treatment services provided in res,pect of that patient for the us'e of the staff of that other hospital or nursing home; (

d) the board of an approved hospital may divulge any records of diagnostic and treatment ser. vices provided in r,espect of a patient to the council of the College of Physicians and Sur. geons of the Province of Alberta or a discipline committee under The Medical Profession Act if (

i) an officer of the College makes a written request therefor and the disclosure is con sented to by the patient or his legal repre sentative, or (ii) the disclosure is made by a member or em. ployee of the board in compliance with a notice under

section 62 of The Medical Profession Act to attend as a witness or to produce docum'ents. (

c) as to subsection (9), by striking out the words "In subsections (6) and (7)," and by SUbstituting the words "In this s'ection,". 9. The following

section is added after

section 37: 37.1

(1) Where it is requested to do so by the board of an approved hospital, the Commission may authoriz'e (a) (

b) an investigation into the administration or opera tion of the hospital or any particular matter or prob}em that has arisen in connection with the ad ministration or operation of the hospital, or the mediation of any dispute that has arisen in the course of the administration or operation of the hospi,tal.

(2) Where the Commission has authorized an investiga tion or mediation proceedings pursuant to subsection (1), it may designate any or all of the following associations, namely, (

a) the Alberta Hospital Association; (

b) The Alberta Association of Registered Nurses; (

c) The Alberta Medical Association (C. M.A. - Alberta Division) ; to be responsible for the conduct of the investigation or mediation proceedings. 5

9. The proposed

section 37.1 will provide for a procedrure for the inveSlt~gation .or mediation of tn',()IbLems or disputes arising in the course of 'admirustI'lation of a hospital. 5

(3) The council or board of directors, as the case may be, of an association that is designated by the Commission under subsection (2) shall appoint one or more of the association's members to the committee that is to conduct the investigation or mediation proceedings and shall inform the COlnmission accordingly.

(4) The committee consisting of the person or persons appointed pursuant to subsection (3) (

a) shall elect one of their number as chairman, if there are two or more members on the committee, (

b) shall conduct the .investigation or mediation pro ceedings authorized by the Commiss,ion, (

c) is 'entitled to require from the hospital board and its employees such information as the committee reasonably requires for the purpose of the inves tigation or m'ediiation proceeding and is entitled to access to the relevant records of the board for that purpose.

(5) Upon the completion of the investigation or medi ation proceedings, the Committee shall prepare a report thereon and submit a copy of the report to the hospital board concerned, the Commission and the associations desig nated pursuant to subsection (2).

(6) No action lies against any association designated pursuant to subsection (2) or agains,t any member of a committee constituted under this

section in respect of (

a) any advice given or statements made in the com mittee's report, or (

b) anything done or omitted to be done by the com mittee or any member of the committee in good faith in the course of 'conducting the investigation or mediation proceeding.

Section 38, subsection (1) is amended by striking out clause (

g) and by SUbstituting the following: 6 (

g) prescribing procedures for the mediation of a de cision of a board of an approved hospital to refuse the appointment of a physician to its medical staff; (

h) prescribing mediation procedures for use of mem bers of the m'edical staff who have had their medical staff pDivileges altered, amended, sus pended or revoked; (

i) governing the use of out-patient hostels or hostel beds in lieu of in-patient beds in approved hos pitals; (

j) governing the establishment of central placement offices for admission to an auxiliary hospital or a nursing hom'e;

6 10.

Section 38 (1) (Ig) presently reads: 38.

(1) The Lieutenant Governor in Council may make regulations: (

g) concerning any other matters that in his op,inion are necessary in order to carry out the purposes of this Act. Clause (

k) is 'a~e-el1J8Jctment of the present 'Clause (g).

(

k) concerning any other matters that in his opinion are necessary in order to carry out the purposes of this Act.

Section 49 is amended by striking out sUbsections (2) and (3) and by substituting the. following:

(2) Notwithstanding subsection (1), a resident of the Province is not entitled to receive 1nsured services (

a) if he is not registered under

Part 3 of The Alberta Health Care Insurance Act at the time the services are provided, or (

b) if he is registered under

Part 3 of that Act but has filed a declaration under

section 22 of The Health Insurance Premiums Act or is a dependant of that person and to whom the declaration ex tends and applies and the services were provided during a period in which the declaration is effec tive, or (

c) where the jnsur'ed services are provided during a waiting period applicable to him and prescribed by the regulations.

(3) For the purposes of this section, the registration of a person under

Part 3 of The Alberta Health Care Insurance Act shall be accepted as prima facie proof that he is a resident of Alberta.

(4) Notwithstanding anytlllng in this or any other Act, no person shall, in an em'ergency, be refused admission to an approved hospital or be refused the provision of any servi'ces by an approved hospiital by reason only of the fact that he is not entitled to receive insured services.

Section 50 is ame.nded by striking out the words "in sured services" and by substituting the words "hospital services" .

Section 57 is amended by adding the following clause after clause (b): (bl) prescribing the waiting period (not 'exceeding three months) for a person who is or becomes a resident of Alberta and during which that person is not entiUed to be provided with insured services; 14. This Act comes into force on the day upon which it is assented to. 7

II.

Section 49 pl'lesently ['eaas ': 49.

(1) Subject to the f,ollowing exclusions, a resident of the Province is entitled to receive. insured services under this Part except when, in respect of such serVIces, (

a) he is or could be entitled to hospital services from another province that has entered into a hospitalization plan with the Government of Canada under the Canada Act, or (

b) he is entitled to receive hospital services pursuant to any work men's cQmpensation statute of any province, or (

c) he is entitled too receive hospital services under any statute of Canada or ,of any province of Canada, as specified in the Agree ment, or (

d) he is declared, pursuant to

Part 2, to be nQt in need of hospital services,

(2) Where a person becomes a resident of the Province fQllowting residence elsewhere in Canada where he was eligible for insured ser vices, if that particular jurisdiction prescribes any period Qf time be fore .its residents be,come entitled to insured services within the mean ing of the Canada Act, that person is not entitled to receive insured services under this Part until the expiry of whichever is the shorter period Gf (

a) three months from the date upon which he became a resident of the Pvovince, o.r (

b) that period of time prescribed by the other jurisdiction of which he was a former resident before its residents became entitled to insured services within the meaning of the Canada Act.

(3) For the purposes of this section, the registration of a person under The Alberta Health Care Insurance Act may be accepted as pro,of that he is a resident of Alberta but a person no't so. registered is not thereby excluded from receiving insured services under this Part. The effect of the p~olPiOised subsection (2) is that ,the Government will not be responsihle foQ[' paying the ICOst 001 hospital Iservices UIlIder the HOSipita:liljation Benefits Plan wihere ,the patient is not registered under ;tme iMedi,oa['€ Plan or has 'Opted lOut of both Plans or is a .patient drurinrg <a waitinlg period.

The amendment to sedioQn 57 'cOIl1temp1ates !I'legulations that will preseribe <a waitilI1g period of not more tlhan 3 months from the time of registratioQn with Medi care during which the patient is not covered by the Hospitalizartion Benefits Plan.

Section 50 presently reads: 50. Where insured services are provided to a person whO' has filed a declaration under

section 22 of The Health Insurance Premiums Act, or to a dependant of that person, during a per,io.d in which the declara tion is effective, the approved hospital shall be entitled too reCGver the cost of those servi{)es only from the person filing the declaratiGn, and no part of those costs shall be shared by the Pro.vince. See

section 11 'Of this Bill and ;tJhe proposed subsection (2) (

b) of

section 49 of the Act.

Section 57 enume~ates the matters on which the Lteutenant Governor in Council m'ay m,ake regulatl~ons. As to waiting p,eriods, see the note ,to

section 11 of this Bill. 7 Title: 1972 (17th, 1st) Bill 116, The Alberta Hospitals Amendment Act, 1972 (No. 2)

Document details

Collection	Alberta — Bills
Citation	L17 S1 5097
Type	bill
Volume / chapter	L17 S1 5097
Language	en
Format	json
Source	PROVINCIAL
Identifier	75150122decf6359832a40af08c5a1447e614dd7

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