British Columbia Order in Council — Order under Health Care (Consent) &amp (O.C. 89/2000)

O.C. 89/2000

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council N. 89 , Approved and Ordered JA N 2 7 20 it Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective February 28, 2000, (

a) section 34.2 (4) of the Mental Health Act, R.S.B.C. 1996, c. 288, is amended by striking out "Public Trustee" and substituting "Public Guardian and Trustee", and (

b) the attached Health Care Consent Regulation is made. Minister of Health end Minister Respon • ble for Presiding Member of the Executive Council Seniors (This

part is , for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section:- Health Care (Consent) & Care Facility (Admission) Act, ss. 1 &34; Pub. Guardian & Trustee Act, s. 30 Other (specify):- January 24, 2000 15,3, /00/16/cac

SCHEDULE HEALTH CARE CONSENT REGULATION Contents

PART 1 —

INTERPRETATION 1

Definitions

PART 2 — CONSENT 2 Committees that may approve medical research programs 3 Health care providers 4 Major health care 5 Health care to which temporary substitute decision maker cannot consent 6 Notice of substitute consent — major health care

PART 3 — REVIEWS 7 Request form 8 Advocacy organization 9 Requests by advocacy organization 10 Right to information 11 Hearings 12 Adjournments 13 Counsel 14 Majority decision FORM 1 FORM 2

PART 1 —

INTERPRETATION

Definitions

(1) In this regulation: "Act" means the Health Care (Consent) and Care Facility (Admission) Act; "board" includes a panel of the board; "chair" includes the chair of a panel of the board; "community health services society" means any of the following: (

a) North West Community Health Services Society; (

b) Cariboo Community Health Services Society; (

c) Peace Liard Community Health Services Society; (

d) East Kootenay Community Health Services Society; (

e) West Kootenay Community Health Services Society; 1 of 7

(

I) Coast Garibaldi Community Health Services Society; (

g) Upper Island Community Health Services Society; "health care body" means any of the following: (

a) a health care body as defined in the Freedom of Information and Protection of Privacy Act; (

b) a facility licensed under the Community Care Facility Act; (

c) a community health services society; "hearing" means a hearing under

section 29 of the Act; "psychosurgery" means a procedure by which (

a) histologically normal brain tissue is, by direct or indirect access to the brain, removed or destroyed or its continuity is interrupted, or (

b) indwelling electrodes are inserted in the brain for pulsed electrical stimulation to alter behaviour or to treat psychiatric illness, but does not include any neurological procedure used to diagnose or treat intractable physical pain or epilepsy if these conditions are clearly demonstrable; "review" means a review under

section 28 of the Act.

(2) In

Part 3, "adult", except in

section 9, means the person who is the subject of a review.

PART 2 - CONSENT Committees that may approve medical research programs 2

(1) The following committees are designated for the purposes of paragraph (

b) of the definition of "health care" in

section 1 of the Act: (

a) BC Cancer Agency Clinical Investigations Committee; (

b) University of British Columbia Clinical Research Ethics Board; (

c) University of British Columbia Behavioural Research Ethics Board; (

d) Simon Fraser University Research Ethics Review Committee; (

e) University of Victoria Human Research Ethics Committee; (

f) St. Paul's Hospital Ethics Committee for Human Experimentation; (

g) Capital Health Region Research Review and Ethical Approval Committee; (

h) Simon Fraser Health Region Clinical Investigations Committee; (

i) Kelowna General Hospital Research Committee; (

j) Prince George Regional Hospital Research Review Committee; (

k) Penticton Regional Hospital Ethics Committee;

(1) North Okanagan Health Region Research Committee.

(2) This

section is repealed on February 28, 2002. Health care providers 3 The following Acts are prescribed for the purposes of the definition of "health care provider" in

section 1 of the Act: (

a) Chiropractors Act; page 2 of 7

(

b) Dentists Act; (

c) Health Professions Act; (

d) Hearing Aid Act; (

e) Medical Practitioners Act; (0 Nurses (Registered) Act; (

g) Optometrists Act; (

h) Podiatrists Act; (

i) Social Workers Act. Major health care 4 The following are designated as major health care: (

a) radiation therapy; (

b) intravenous chemotherapy; (

c) kidney dialysis; (

d) electroconvulsive therapy; (

e) laser surgery. Health care to which temporary substitute decision maker cannot consent 5

(1) The following types of health care are prescribed for the purposes of

section 18 (1) of the Act: (

a) abortion unless recommended in writing by the treating physician and at least one other medical practitioner who has examined the adult for whom it is proposed; (

b) electroconvulsive therapy unless recommended in writing by the treating physician and at least one other medical practitioner who has examined the adult for whom it is proposed; (

c) psychosurgery; (

d) removal of tissue from a living human body for implantation in another human body or for medical education or research; (

e) experimental health care involving a foreseeable risk to the adult for whom the health care is proposed that is not outweighed by the expected therapeutic benefit; (

f) participation in a health care or medical research program that has not been approved by a committee referred to in

section 2; (

g) any treatment, procedure or therapy that involves using aversive stimuli to induce a change in behaviour.

(2) The treating physician must inform the Community Legal Assistance Society if (

a) abortion or electroconvulsive therapy is recommended in writing by the treating physician and at least one other medical practitioner who has examined the adult for whom it is proposed, and (

h) a person chosen under

section 16 of the Act gives substitute consent to the abortion or electroconvulsive therapy.

(3) The Community Legal Assistance Society must be informed under subsection (2) immediately after the substitute consent has been given. page 3 of 7

(4) In this section, "experimental health care" means health care (

a) that is a deviation from standard professional practice, and (

b) that has not been approved by a committee referred to in

section 2. Notice of substitute consent — major health care 6 A notice under

section 14 (4) (

b) of the Act must be in Form 1.

PART 3 - REVIEWS Request form 7 A request under

section 28 of the Act must be in Form 2. Advocacy organization 8

(1) The Community Legal Assistance Society is prescribed for the purposes of sections 28 (2) (

e) and 29 (4) of the Act.

(2) This

section is repealed on February 28, 2002. Requests by advocacy organization 9 The Community Legal Assistance Society may, under

section 28 (2) (

e) of the Act, request a review if (

a) the proposed health care is either abortion or electroconvulsive therapy, (

b) the proposed health care is recommended in writing by the treating physician and at least one other medical practitioner who has examined the adult for whom it is proposed, (

c) the adult is incapable of deciding whether or not to make a request for a review, and (

d) the Community Legal Assistance Society has reasonable grounds to believe a review is in the best interests of the adult. Right to information 10

(1) For the purposes of a review, the board has the right to any information that (

a) is necessary to enable the board to perform its duties under the Act, and (

b) is in a record in the custody or control of a health care provider or health care body.

(2) A health care provider or health care body that has custody or control of a record containing information the board is entitled to under subsection (1) must disclose that information to the board at the request of the chair. (3) if the chair determines that (

a) information obtained from records disclosed under this

section is incomplete or inadequate for the purposes of a review, and (

b) a health care provider has information that is relevant to the review, the health care provider must, at the request of the chair, give to the board a written report explaining the health care that is the subject of the review and the reasons for deciding that the adult needs the health care and is incapable of giving or refusing consent to it. page 4 of 7

Hearings 11

(1) Unless the chair orders otherwise, a hearing before the board is not open to the public.

(2) The board may do one or both of the following: (

a) allow a spouse, relative or friend of the adult to be present during the hearing; (

b) request a person to assist the board in communicating with the adult. Adjournments 12 The board may adjourn a hearing (

a) to permit the adult to retain legal counsel, (

b) to obtain assistance in communicating with the adult, or (

c) for any other purpose it considers necessary. Counsel 13 Whether or not an adult is incapable of retaining or instructing legal counsel, legal counsel may act for the adult in a review. Majority decision 14 The decision of the majority of its members is the decision of the board. FORM 1 HEALTH CARE (CONSENT) AND CARE FACILITY (ADMISSION) ACT

Section 14 (4) (

h) of the Act NOTICE OF INCAPABILITY AND SUBSTITUTE CONSENT (MAJOR HEALTH CARE) To ' [name of adult for whom substitute consent has been given (please print) I, [name of health care provider (please print)], am your physician/other health care provider and I have proposed the following health care for you: I have determined, using the legal test of incapability stated in

section 7 of the Health Care (Consent) and Care Facility (Admission) Act, that you are incapable of giving or refusing consent to the health care described above. To the best of my knowledge, you do not have a committee, or representative, who is authorized to make a decision for you about the health care described above. Therefore, I have chosen [name and phone number of Temporary Substitute Decision Maker (please print)] as temporary substitute decision maker for you and he/she has ❑given Orefused [check ONE box only] substitute consent to the health care described above. page 5 of 7

You, your spouse or a relative or friend of yours has the right to request a review of the decision to give or refuse substitute consent for the health care described above. A request for a review must be delivered to the Health Care and Care Facility Review Board within 72 hours after the decision to give or refuse substitute consent for the health care described above was made.

The request must be delivered to: Registrar, Health Care and Care Facility Review Board Unit 6, 500 Lougheed Highway Port Coquitlam, British Columbia V3C 4J2 Tel: 604-524-7219 or 604-524-7220 Fax: 604-524-7216 The decision to Ugive ❑refuse [check ONE box only] substitute consent to the health care described above was made on [dd/mm/yyyv] at [time] am/pm. [signature of health care provider] [position/title] [dd/mm/yyyv] [time] am/pm. FORM 2 HEALTH CARE (CONSENT) AND CARE FACILITY (ADMISSION) ACT

Section 28 of the Act REQUEST FOR REVIEW I am requesting a review of the decision made on [dd/mm/yyyy] at [time] am/pm. by [name of substitute decision maker] to ❑give ❑refuse ❑revoke [check ONE box only] substitute consent to the follow- ing health care: This health care is ❑being provided by ❑proposed by [check ONE box only] [name of health care provider] for [name of adult to whom health cure is being provided/is proposed]. In

summary, the reasons for requesting a review are as follows: APPLICANT INFORMATION [name] [address] [city] [province] [telephone] [fax] [postal code] [relationship to adult who is subject of this request]. ADULT INFORMATION [name] page 6 of 7

[address] [city] [province] [telephone] [fax] [postal code] [facility in which adult is currently located, if applicable]. HEALTH CARE PROVIDER INFORMATION [name] [address] [title/position/occupation] [city] [province] [telephone] [fax] [postal code]. SUBSTITUTE DECISION MAKER INFORMATION [name] [address] [title/position/occupation] [city] [province] [telephone] [fax] [postal code] [relationship to adult who is subject of this request]. This request must be &livered to the board within 72 hours after the decision to be reviewed is made, or the Board may not be able to consider your request.

The request must be delivered to: Health Care and Care Facility Review Board Unit 6, 500 Lougheed Highway Port Coquitlam, British Columbia V3C 4J2 Tel: 604-524-7219 or 604-524-7220 Fax: 604-524-7216 The Board must hold a hearing within 7 days of receiving a request for review. Please answer the following questions: Where would you like the hearing to be held? Do you need a translater'? yes / no [circle one] Are you being represented by legal counsel?

If yes, please complete the following: [name of legal counsel] [address] [city] [province] [telephone] [fax] [postal code] The Board must inquire fully into the circumstances of your case. Please send the Registrar copies of all documents you intend to rely on at least 24 hours before the hearing [signature ofapplicant] [dd/mm/yvyy] [time] am/pm. page 7 of 7

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 89/2000
Type	order_in_council
Volume / chapter	arc oic 0089 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	cd59ab7403e9af0a5a215510d2a7b34365fffc40

Source file is stored in the law ingest library (pdf).