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Volume 54, No. 6

B.C. Reg. 62/2011

The British Columbia Gazette,

Part II

April 5, 2011

B.C. Reg. 62/2011 , deposited March 31, 2011, pursuant to the EMERGENCY AND HEALTH SERVICES ACT [Section 14]. Ministerial Order M81/2011, dated March 31, 2011.

I, Michael de Jong, Minister of Health, order that, effective April 1, 2011, the Emergency Medical Assistants Regulation, B.C. Reg. 210/2010, is amended as set out in the attached Schedule.

— M. de JONG, Minister of Health .

Schedule

Section 2 (c) (ii) of the Emergency Medical Assistants Regulation, B.C. Reg. 210/2010, is amended by adding " , no later than 12 months after the date the person completed the training program or programs referred to in subparagraph (i), " after " has ".

Section 9 is amended

(

a) by renumbering the

section as

section 9 (1),

(

b) in subsection (1) by adding " or renewed, or on the date it is voluntarily relinquished, whichever is earlier " after " issued " wherever it appears, and

(

c) by adding the following subsection:

(2) The board may, prior to the date that an EMA's licence expires, extend the EMA's licence for a period not longer than 60 days, if satisfied that special circumstances exist such that the EMA will be unable, before the licence expires, to complete any requirement necessary for the renewal of the EMA's licence.

3 The following sections are added:

Requirements for renewal of EMA FR licence

9.1 An EMA licensed in the EMA FR category must, before the EMA's licence is renewed by the board, pass any examination required by the board.

Reinstatement of expired licence

9.2 The board may reinstate the licence of a former EMA whose licence has expired if

(

a) the board is of the opinion that reinstatement would not constitute an undue risk to public health or safety, and

(

b) the former EMA successfully completes any training or written, oral or practical examinations required by the board for the purpose of this section.

Section 11 is repealed and the following substituted:

Condition of licence

11 It is a condition of every licence that the EMA must comply with the Act and the regulations, including without limitation the Code of Ethics set out in

Schedule 3.

5 The following

Part is added:

Part 4 - Continuing Competence

Definitions for

Part

15 In this Part:

"continuing education activity" means a training or educational program, course, seminar or similar activity;

"continuing education credit" means a credit given by the director, in respect of a continuing education activity;

"director" means a person employed by the government and designated in writing by the minister as director for the purposes of this Part;

"IV start" means a successful initiation of a peripheral intravenous line;

"patient contact" means a contact that an EMA has with a patient in the course of practising the profession;

"reporting period" means

(

a) in respect of a continuing education credit or patient contact, the period from April 1 of each year to March 31 of the following year, and

(

b) in respect of an IV start, the period from January 1 to December 31 in each year.

Application of

Part

16 This Part does not apply to an EMA holding a licence

(

a) in the EMA FR category, or

(

b) issued under sections 4 to 7 of this regulation.

Continuing competence required to maintain licence

(1) In each reporting period, an EMA must meet the following requirements to the director's satisfaction:

(

a) accumulate at least 20 continuing education credits;

(

b) have one of the following:

(

i) at least 20 patient contacts;

(ii) the number of patient contacts that is 20 minus the number of additional continuing education credits allowed under subsection (3).

(2) A continuing education credit or a patient contact will be considered to have met the requirements under subsection (1) only if,

(

a) in the case of a continuing education credit, the director is satisfied that the continuing education activity in respect of which the credit is claimed is relevant to the knowledge, skills or abilities required of an EMA in the course of practising the profession, and

(

b) in the case of a patient contact, the director is satisfied that the EMA provided full patient assessment or direct patient care to the patient during the contact.

(3) If, in a reporting period, an EMA accumulates fewer than 20 patient contacts and more than 20 continuing education credits, the EMA may substitute the excess continuing education credits, on a one-to-one basis, for the patient contacts otherwise required for the reporting period.

(4) The director must not give a continuing education credit in respect of an examination required under

section 26.

Continuing competence required to maintain IV start endorsement

(1) An EMA holding a licence in the PCP category that is endorsed under

section 10 (1) to permit the EMA to initiate peripheral intravenous lines must complete the following to the director's satisfaction:

(

a) at least 15 IV starts in each of the 5 consecutive reporting periods following the reporting period in which that EMA's licence is so endorsed;

(

b) at least 3 IV starts in each reporting period following the 5 consecutive reporting periods referred to in paragraph (a).

(2) An IV start will be considered to have met the requirements under subsection (1) only if the director is satisfied that the IV start was for a patient.

Exceptions

(1) If an EMA's licence was issued not more than one year before the last day of a reporting period, sections 17 and 20 do not apply to the EMA in respect of that reporting period.

(2) If an EMA successfully completes a written examination required under

section 26 (1), sections 17, 18 and 20 do not apply to the EMA in respect of the reporting period for which the examination is written.

(3) If an EMA successfully completes a practical examination required under

section 26 (3), sections 17, 18 and 20 do not apply to the EMA in respect of

(

a) the reporting period for which the examination is taken, and

(

b) the current reporting period.

Reporting requirements

20 An EMA must,

(

a) no later than April 30 in each year, beginning April 30, 2012, submit to the director the information described in

section 21 (1) and (2) respecting the continuing education credits and patient contacts claimed by the EMA for the reporting period that has just ended, and

(

b) no later than January 31 in each year, beginning January 31, 2012, submit to the director the information described in

section 21 (3) respecting the IV starts claimed by the EMA for the reporting period that has just ended.

Information to be included in report

(1) For each continuing education activity in respect of which a continuing education credit is claimed, the EMA must submit information, satisfactory to the director, respecting the following:

(

a) the date, duration, location and description of the activity;

(

b) the knowledge, skills or abilities of the EMA that were attained, enhanced or supported by the activity.

(2) For each patient contact claimed, the EMA must submit information, satisfactory to the director, respecting the following:

(

a) the date and location of the contact;

(

b) the type of contact;

(

c) the knowledge, skills or abilities applied by the EMA during the contact.

(3) For each IV start claimed, the EMA must submit information, satisfactory to the director, respecting the following:

(

a) the date and location of the IV start;

(

b) the type of IV start;

(

c) the number of attempts made to initiate the intravenous line;

(

d) the size of the intravenous catheter.

How information is to be submitted

22 Information required

(

a) under

section 21 (1) or (2) must be submitted electronically using the website established and maintained by the ministry for the purposes of this section, and

(

b) under

section 21 (3) may be submitted only by email, facsimile, registered mail or ordinary mail.

EMA must maintain and produce records

(1) An EMA must retain, during each reporting period and for at least 3 years after the last day of each reporting period and to the satisfaction of the director, adequate supporting documentation respecting all continuing education credits, patient contacts and IV starts submitted by the EMA under

section 20 for the reporting period.

(2) An EMA must provide the supporting documentation described in subsection (1) to the director at the director's request.

Notice to EMA who fails to meet reporting requirements

(1) The director may deliver a notice under this

section to an EMA who the director believes has failed to meet the requirements of

section 17 or 18 for the applicable reporting period, setting out the following:

(

a) the reasons the director believes the EMA has failed to meet the requirements of

section 17 or 18 for the reporting period;

(

b) information describing the adjudication process available under

section 25.

(2) A notice under subsection (1) may be delivered only

(

a) after April 30 in each year, in respect of a reporting period for continuing education credits and patient contacts, and

(

b) after January 31 in each year, in respect of a reporting period for IV starts.

(3) A notice under subsection (1) must be delivered to an EMA by registered mail to the last known address of the EMA, and is deemed to have been received by the EMA 7 days after the date on which it was mailed.

(4) For the purpose of proving deemed receipt of a notice referred to in subsection (2), proof of receipt may be made by affidavit of the director as to the date on which the notice was sent by registered mail.

Adjudication

(1) An EMA to whom a notice under

section 24 is delivered may deliver to the director a request for adjudication, setting out the EMA's reasons for believing he or she has met the requirements under

section 17 or 18 for the applicable reporting period.

(2) A request under subsection (1)

(

a) must be delivered no later than 30 days after the date the notice is deemed to have been received under

section 24 (4),

(

b) may be delivered only by email, facsimile, registered mail or ordinary mail, and

(

c) must, if it includes a request that the director accept or give additional credit for continuing education activities or patient contacts not already submitted by the EMA or accepted or given by the director, be accompanied by adequate supporting documentation satisfactory to the director.

(3) The director may extend the time for delivering a request under subsection (1), before or after the time has expired, if the director is satisfied that special circumstances exist.

(4) If the director considers it appropriate in the circumstances, the director may provide the EMA with an opportunity to make additional written submissions.

(5) On reviewing the request of an EMA made under subsection (1) and any submissions made under subsection (4), the director may,

(

a) if the director believes the EMA has met the requirements of

section 17 or 18 for the applicable reporting period, deliver a notice to the EMA confirming that belief on the basis of the information available to the director at the time, and

(

b) if the director continues to believe the EMA has failed to meet the requirements of

section 17 or 18 for the applicable reporting period, deliver a notice to the EMA, setting out the director's reasons for continuing to believe the EMA has failed to meet those requirements for that reporting period.

Evaluating examinations

(1) The director may require an EMA to whom a notice is delivered under

section 25 (5) (

b) to successfully complete, no later than the date specified by the director, a written examination approved by the director for the purposes of this section.

(2) An EMA may attempt a written examination required under subsection (1) on one occasion only.

(3) If an EMA fails a written examination required under subsection (1), the director may require the EMA to successfully complete, no later than the date specified by the director, a practical examination approved by the director for the purposes of this section.

(4) An EMA may attempt a practical examination required under subsection (3) on no more than 3 separate occasions.

(5) If an EMA fails any practical examination required under subsection (3) and

(

a) the director is not a delegate of the board, the director must recommend to the board and the board must consider, or

(

b) the director is a delegate of the board, the director must consider

(6) An EMA will be considered to have failed an examination required under this

section if the EMA attempts but fails to successfully complete the examination, unless the director is satisfied that special circumstances exist.

Transition

(1) In this section, "assessor" means a person designated by the minister to assess the professional performance of EMAs in accordance with this section.

(2) The director may establish a roster of assessors for the purposes of this section.

(3) The director may

(

a) require any EMA who holds a licence on April 1, 2011 to undergo an assessment of his or her professional performance in accordance with this

section if the director is of the opinion that it is necessary, in the interests of public health and safety, to do so, and

(

b) assign an assessor from the roster to conduct the assessment.

(4) An EMA who is required to undergo an assessment under subsection (3) may, by delivering a notice to the director prior to the commencement of the assessment, elect to attempt a practical examination approved by the director for the purpose of this subsection.

(5) If an EMA successfully completes an examination referred to in subsection (4) on the first attempt and no later than the date specified by the director, the assessment is considered to be concluded and no further action may be taken under this

section in respect of the EMA.

(6) If an EMA fails to successfully complete an examination referred to in subsection (4) on the first attempt and no later than the date specified by the director, the assessment must proceed in accordance with this section.

(7) An assessor may do any or all of the following, subject to any limits or conditions imposed on the assessor by the director:

(

a) review the practice history of the EMA from April 1, 2008 to March 31, 2012, which review may include, without limitation, inspection of

(

i) the records, including patient records, of the EMA that are related to the EMA's professional performance, continuing education activities, continuing education credits, patient contacts or IV starts, and

(ii) the records of the board or the ministry related to the EMA

for the reporting periods under review;

(

b) require the EMA to attempt one or more written, oral or practical examinations approved by the director.

(8) An EMA who is undergoing an assessment

(

a) must comply with the directions or requirements of an assessor given or imposed under subsection (7), and

(

b) must not knowingly provide false information to the assessor or otherwise obstruct the assessor in the assessor's lawful performance of his or her duties or exercise of his or her powers under this section.

(9) If an EMA is required to undergo an assessment under subsection (3) and

(

a) the director is not a delegate of the board, the director must recommend to the board and the board must consider, or

(

b) the director is a delegate of the board, the director must consider

(10) An assessor must submit to the director, in the time and manner required by the director, a written report in respect of the assessment of the EMA's professional performance.

(11) If an assessor concludes after assessing an EMA's professional performance that there is a deficiency in the EMA's knowledge, skills or abilities, the assessor may recommend in his or her report under subsection (10) that the EMA do any of the following that the assessor considers will assist the EMA to remedy the deficiency:

(

a) undertake further education or training;

(

b) undergo clinical or other examinations;

(

c) undertake other remedial activities.

(12) An assessor must, before submitting his or her report under subsection (10), provide to the EMA an opportunity to make written submissions about the EMA's practice history and any proposed recommendations under subsection (11).

(13) The director must review a report submitted under subsection (10), and

(

a) if the director is not a delegate of the board, the director must recommend to the board and the board must consider, or

(

b) if the director is a delegate of the board, the director must consider

(14) The director may require an EMA to undergo an assessment under subsection (3) on one occasion only.

(15) The director must not give a continuing education credit in respect of an examination taken under this section.

(16) This

section is repealed on October 1, 2012, unless repealed on an earlier date.

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