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Bill 41, Patients' Bill of Rights, 1996

Caplan, Elinor

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[36] Bill 41 Original (PDF)

Patients' Bill of Rights, 1996

EXPLANATORY NOTE

This Bill establishes a bill of rights for persons who receive health services in Ontario.

Bill1996

An Act to protect the Rights of

Persons receiving Health Services in Ontario

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"health profession" means a health profession set out in

Schedule 1 to the Regulated Health Professions Act, 1991 and includes naturopathy and osteopathy practised by a drugless practitioner registered under the Drugless

Practitioners Act; ("professionnel de la santé")

"health professional" means a person who is a member of the College of a health profession or who is a drugless practitioner registered under the Drugless Practitioners Act . ("professionnel de la santé")

Purposes

2. The purposes of this Act are as follows:

1. To ensure that persons receiving health services in Ontario are aware of their right to receive appropriate and timely care.

2. To ensure that persons receiving health services in Ontario are treated with dignity and respect by those who provide the services.

3. To promote and improve communication between persons who receive health services in Ontario and the health professionals who provide the services, with a view to minimizing the number of violations of rights set out in

section 3 and the

number of complaints relating to such violations that are made to the Colleges or boards of directors of health professions.

Bill of rights

3. Every health professional shall ensure that the following rights of persons receiving health services are fully respected and promoted:

1. A person has the right to receive appropriate health care.

2. A person has the right, and the responsibility, to participate in decisions made with respect to his orher health care on an equal footing with the health professionals who provide the health care.

3. A person receiving health services has the right to be treated by health professionals in a courteous and respectful manner and in a manner that respects the person's dignity and autonomy.

4. A person has the right to reasonable and timely access to appropriate health services.

5. A person has the right to health services without discrimination based on gender, age, colour, birthplace, ancestry, race, ethnic origin, creed, religion, marital status, mental or physical disability, economic status or sexual

orientation.

6. A patient or former patient of a health professional has the right to have his or her records kept confidential in accordance with the law.

7. A patient or former patient of a health professional has the right of access to records kept by the health professional except as prohibited by law.

8. Subject to the Health Care Consent Act, 1996 , a person has the right,

i. to give or refuse consent to any proposed treatment,

ii. to receive information relating to any proposed treatment and to any treatment options as is necessary in order to decide whether or not to give consent,

iii. to have the opportunity to consult with any person, whether or not the person is a health professional, before making the decision.

9. If a health professional finds a person incapable with respect to a proposed treatment under the Health Care Consent Act, 1996 , the person has the right to be informed by the health professional of the finding and of his or her

right to a review of the finding under

section 32 of the Health Care Consent Act, 1996 .

Violation of rights

(1) A health professional who is a member of a College of a health profession set out in

Schedule 1 to the Regulated Health Professions Act, 1991 and who fails to comply with

section 3 is guilty of

an act of

professional misconduct and, for the purposesof clause 51 (1) (

c) of the Health Professions Procedural Code set out in

Schedule 2 to the Regulated Health Professions Act, 1991 , the act of professional misconduct shall be deemed to be an

act of professional misconduct as defined in the regulations.

Same

(2) A health professional who is a drugless practitioner registered under the Drugless Practitioners Act and who fails to comply with

section 3 is guilty of misconduct and may be disciplined by the appropriate board of directors

appointed under

section 3 of the Drugless Practitioners Act .

Informal resolution of rights violations

(3) Despite subsections (1) and (2) and anything in the Health Professions Procedural Code set out in

Schedule 2 to the Regulated Health Professions Act, 1991, the College of a health profession set out in

Schedule 1 to the

Regulated Health Professions Act, 1991 or a board of directors appointed under

section 3 of the Drugless Practitioners Act shall not commence disciplinary proceedings against a health professional for failing to comply with

section 3 unless the College or board is satisfied that,

(

a) the person whose rights were allegedly violated had, before making the complaint, informed the health professional that he or she believed that his or her rights had been violated; and

(

b) no informal resolution to the alleged violation has been or will be achieved.

Commencement

5. This Act comes into force on the day it receives Royal Assent.

Short title

6. The

short title of this Act is the Patients' Bill of Rights, 1996 .

Date Bill stage Activity Committee

April 25, 1996

Ordered referred to Committee of the Whole House

April 25, 1996

Second Reading

Carried on division

April 9, 1996

First Reading

Carried

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