Fourth

Session, 46th General Assembly

Elizabeth II, 2011

BILL 17

AN ACT RESPECTING THE

MANDATORY REPORTING

OF GUNSHOT AND STAB WOUNDS

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

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

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

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

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

HONOURABLE

FELIX COLLINS

Minister of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Gunshot and Stab Wound Reporting Act. It would require health care facilities and

ambulance services to report gunshot wounds and stab wounds to the police.

The Bill would also provide

protection from liability for those who report injuries in good faith.

A BILL

AN ACT RESPECTING THE MANDATORY REPORTING

OF GUNSHOT AND STAB WOUNDS

Analysis

Short title

Definitions

Mandatory reporting

Manner and timing of reporting

Other obligations unaffected

Protection from liability

Regulations

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Gunshot and Stab

Wound Reporting Act.

Definitions

2. In

this Act

(a) "ambulance service" means a service

for the conveyance of persons requiring medical attention;

(b) "health care facility" means

(

i) a facility operated by an authority established

under paragraph 6(1)(

b) of the Regional

Health Authorities Act ,

(ii) a place where treatment is provided by a

medical practitioner as defined in the Medical

Act, 2005 or a registered nurse as defined in the Registered Nurses Act, 2008 , or

(iii) a health care facility prescribed in the

regulations;

(c) "peace officer " means

(

i) a member of the Royal Newfoundland

Constabulary, or

(ii) a member of the Royal Canadian Mounted Police

stationed in the province ; and

(d) "stab wound" means

(

i) a wound caused by a knife or other sharp or

pointed instrument, or

(ii) another type or class of wound prescribed in

the regulations

but does not include a stab wound reasonably

believed to be self-inflicted or unintentionally inflicted.

Mandatory reporting

(1) A

health care facility, an ambulance service or a service prescribed in the

regulations which treats a person for a gunshot or stab wound shall report the

following information to a peace officer:

(

a) the injured person's name, if known;

(

b) the fact that the injured person is being

treated or has been treated for a gunshot or stab wound;

(

c) in the case of the health care facility, the

name and location of the health care facility;

(

d) in the case of the ambulance service or a

prescribed service, the location where the treatment occurs; and

(

e) other information required by the regulations.

(2) Subsection (1) does not apply to an ambulance

service or a service prescribed in the regulations which delivers the injured

person to a health care facility.

Manner and timing

of reporting

(1) The

reporting required by

section 3 shall be made

as soon as it is reasonably practicable to do so, but no later than the period

of time that is prescribed in the regulations, without interfering with the

injured person's treatment or disrupting the regular activities of the health

care facility, ambulance service or the service prescribed in the regulations.

(2) The reporting required by

section 3 shall be made orally.

(3) An additional manner of reporting required by

section 3 may be prescribed in the regulations.

Other obligations

unaffected

5. Nothing

in this Act prevents a health care facility, an ambulance service or a service

prescribed in the regulations from disclosing to a peace officer the

information that the health care facility, the ambulance service or the prescribed

service is otherwise by law permitted or required to disclose.

Protection from

liability

6. An

action does not lie against a person in respect of anything done or omitted to

be done in good faith under this Act or the regulations.

Regulations

7. The

Lieutenant-Governor in Council may make regulations

(

a) prescribing facilities or classes of

facilities as health care facilities for the purpose of paragraph 2 (b);

(

b) prescribing a type or class of wound as a stab

wound for the purpose of paragraph 2 (d);

(

c) prescribing services or classes of services to

which this Act and the regulations apply;

(

d) prescribing information which is required to

be disclosed under paragraph 3 (e);

(

e) governing the manner and timing of disclosure

required under

section 3 ;

(

f) prescribing the persons or classes of persons

responsible for making disclosure on behalf of a health care facility, an ambulance

service or a prescribed service;

(

g) exempting persons or classes of persons from

the requirements of this Act and the regulations;

(

h) exempting services or classes of services or facilities

or classes of facilities from the requirements of this Act and the regulations;

(

i) prescribing circumstances in which an

exemption under paragraph (

g) or (

h) shall not apply;

(

j) defining a word or expression that is used but

not defined in this Act; and

(

k) generally, giving effect to the purpose of

this Act.

Commencement

8. This Act comes into force on a day to be

proclaimed by the Lieutenant-Governor in Council.

William E. Parsons, Queen's Printer