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Volume 63, No. 9

100/2020

The British Columbia Gazette,

Part II

May 19, 2020

B.C. Reg. 100/2020 , deposited May 6, 2020, under the EMERGENCY HEALTH SERVICES ACT [section 15 (2)] and the HEALTH PROFESSIONS ACT [section 12 (2)]. Ministerial Order M146/2020, dated April 29, 2020.

I, Adrian Dix, Minister of Health, order

(

a) that the Emergency Medical Assistants Regulation, B.C. Reg. 210/2010, is amended

as set out in the attached

Schedule 1,

(

b) that the Health Professions General Regulation, B.C. Reg. 275/2008, is amended

as set out in the attached

Schedule 2, and

(

c) that, with respect to the amendment referred to in paragraph (

b) of this order,

the notice period for the purposes of

section 12 (3) and (4) of the Health Professions Act is one day.

— A. DIX, Minister of Health .

Schedule 1

1 The Emergency Medical Assistants Regulation, B.C. Reg. 210/2010, is amended by

adding the following Part:

Part 6 – Emergency Provisions

Definitions

29 In this Part:

"authorized person" means an EMA who is authorized under an emergency order to perform an activity or

to provide a service;

"emergency order" means an order made under

section 32;

"medical health officer" means a medical health officer designated under the Public Health Act ;

"provincial health officer" means the provincial health officer appointed under the Public Health Act ;

"public health emergency" means an emergency that is the subject of a notice provided by the provincial health

officer under

section 52 (2) of the Public Health Act .

Application

(1) This Part applies despite any provision to the contrary in the Act or this regulation.

(2) Except with respect to a requirement referred to in

section 33 (e), an emergency

order applies only during the period that

(

a) begins on the date the order comes into effect, and

(

b) ends on the earliest of the following dates:

(

i) the date stated in the order;

(ii) the date on which the order is rescinded;

(iii) the date on which the provincial health officer provides notice under

section 59 (

b) of the Public Health Act that the public health emergency that is the subject of the order has passed.

When emergency order may be made

(1) The provincial health officer may make an emergency order only if the provincial

health officer is of the opinion that

(

a) the order is necessary for the purpose of responding to a public health emergency

(

i) because the operation of any provision of Parts 2 to 5 or a

Schedule is adversely

affecting, in one or more areas of British Columbia,

(

A) the timely delivery of treatment or services in relation to health care,

(

B) the scope of treatment or services in relation to health care that can be

delivered, or

(

C) the efficient and effective use of health human resources,

(ii) because health human resources in one or more areas of British Columbia are

insufficient to meet the needs of persons affected by a public health emergency, or

(iii) for any other reason in the public interest, and

(

b) authorized persons may perform the activities and provide the services referred

to in the order without undue risk to the health or safety of any person.

(2) The provincial health officer must not make an emergency order without first

doing all of the following:

(

a) giving notice to the minister of the proposed order;

(

b) making reasonable efforts to consult with the corporation for the purpose

of forming the opinion referred to in subsection (1);

(

c) advising the minister of any objections made by the corporation and

(

i) how the order addresses those objections, or

(ii) why those objections cannot be accommodated.

Emergency orders

32 If the conditions of

section 31 are met, the provincial health officer may make an

order to do one or more of the following:

(

a) authorize, but not require, an EMA to perform a specified activity or provide

a specified service that the EMA would not otherwise be permitted to perform or provide

under this regulation;

(

b) modify or waive a requirement set, or a standard, protocol or treatment guideline

established by the corporation, under the Act or this regulation and authorize, but

not require, an EMA to perform a specified activity or provide a specified service

in accordance with the modification or waiver.

Additional powers for purposes of emergency order

33 The provincial health officer may, for the purposes of an emergency order, do one

or more of the following:

(

a) make the order in respect of a specified person or a class of persons;

(

b) set limits or conditions on an authorization made under the order, including

limits or conditions with respect to

(

i) the training, experience and qualifications of authorized persons,

(ii) the circumstances in which authorized persons may perform an activity or

provide a service, and

(iii) the supervision of authorized persons;

(

c) set different limits and conditions for different classes of authorized persons

or circumstances, including with reference to

(

i) the employer or types of employers of authorized persons, and

(ii) the types of places in which an activity may be performed or a service may

be provided;

(

d) restrict the application of the order to

(

i) one or more geographic areas, or

(ii) a period of time, including until the happening of a specified event;

(

e) require authorized persons to keep records or make reports in respect of matters

relevant to the order and, for this purpose,

(

i) authorize, but not require, another person or a person within a class of persons

to keep the record or make the report on behalf of the authorized person, and

(ii) provide records or make reports to the provincial health officer, a medical

health officer, the minister, the corporation or the licensing board.

Conferring discretion under emergency order

(1) The provincial health officer may, in an emergency order, confer a discretion

on a medical health officer, the corporation, the licensing board or an employer to

determine whether an authorized person is competent to perform an activity or provide

a service only if the provincial health officer sets limits or conditions under

(

a) section 33 (b) (

i) to ensure, to the extent practicable, that activities are

performed or services provided only by persons who are reasonably competent to do

so, or

(

b) section 33 (b) (iii) to require direct supervision of the authorized person

by a registrant within the meaning of the Health Professions Act who is authorized, under that Act, to perform the activity or provide the service.

(2) The provincial health officer may, in an emergency order, authorize an authorized

person to self-assess whether the authorized person is competent to perform an activity

or provide a service only if the provincial health officer sets limits or conditions

as described in subsection (1).

Making emergency orders

35 The provincial health officer must, as soon as practicable after making an emergency

order,

(

a) publish the order on a website maintained by or on behalf of the provincial

health officer, and

(

b) give a copy of the order to the minister, the corporation and the licensing

board.

Minister retains discretion over EMA services

36 The provincial health officer must comply with any direction of the minister with

respect to the following:

(

a) not making a proposed emergency order;

(

b) making changes to a proposed emergency order;

(

c) rescinding or modifying an emergency order.

Limits on acting as authorized persons

(1) Nothing in an emergency order authorizes an EMA to act contrary to a limit or

condition imposed by the licensing board on the EMA's licence.

(2) A person must not perform an activity or provide a service under an emergency

order if either of the following circumstances apply:

(

a) the person is an EMA whose licence is suspended under

section 7 (3) or 8 (1)

of the Act;

(

b) the person is authorized to provide services similar to those of an EMA in

another province or a foreign jurisdiction but that authorization is suspended for

a reason similar to a reason for which an EMA's licence could be suspended under

section 7 (3)

or 8 (1) of the Act.

Schedule 2

1 The Health Professions General Regulation, B.C. Reg. 275/2008, is amended by

adding the following heading after

section 1:

Part 1 – General Provisions .

Section 7 is amended by adding the following subsection:

(3) Despite subsections (1) and (2), the running of the periods referred to in

those subsections are suspended during the period that

(

a) begins on the date this subsection comes into effect, and

(

b) ends on the date on which the provincial health officer provides notice under

section 59 (

b) of the Public Health Act that the public health emergency related to COVID-19 that is the subject of the notice

provided on March 17, 2020 by the provincial health officer under

section 52 (2) of

that Act has passed.

3 The following

Part is added:

Part 2 – Emergency Provisions

Definitions

10 In this Part:

"applicable college" , in relation to an authorized person who is a registrant, means the college that

is responsible for superintending the practice of a designated health profession by

the registrant;

"authorized person" means a registrant or health professional who is authorized under an emergency order

to perform an activity or to provide a service;

"emergency order" means an order made under

section 13 (1);

"health profession regulation" means the following:

(

a) a regulation made under the Act that regulates the practice of a designated

health profession;

(

b) a bylaw made, or another instrument issued, by an applicable college that

establishes standards, limits or conditions for the practice of a designated health

profession;

"medical health officer" means a medical health officer designated under the Public Health Act ;

"provincial health officer" means the provincial health officer appointed under the Public Health Act ;

"public health emergency" means an emergency that is the subject of a notice provided by the provincial health

officer under

section 52 (2) of the Public Health Act .

Application

(1) This Part applies despite any provision to the contrary in a health profession

regulation.

(2) Except with respect to a requirement referred to in

section 14 (e), an emergency

order applies only during the period that

(

a) begins on the date the order comes into effect, and

(

b) ends on the earliest of the following dates:

(

i) the date stated in the order;

(ii) the date on which the order is rescinded;

(iii) the date on which the provincial health officer provides notice under

section 59 (

b) of the Public Health Act that the public health emergency that is the subject of the order has passed.

When emergency order may be made

(1) The provincial health officer may make an emergency order only if the provincial

health officer is of the opinion that

(

a) the order is necessary for the purpose of responding to a public health emergency

(

i) because the operation of a health profession regulation is adversely affecting,

in one or more areas of British Columbia,

(

A) the timely delivery of treatment or health care services,

(

B) the scope of treatment or health care services that can be delivered, or

(

C) the efficient and effective use of health human resources,

(ii) because health human resources in one or more areas of British Columbia are

insufficient to meet the needs of persons affected by a public health emergency, or

(iii) for any other reason in the public interest, and

(

b) authorized persons may perform the activities and provide the services referred

to in the order without undue risk to the health or safety of any person.

(2) The provincial health officer must not make an emergency order without first

doing all of the following:

(

a) giving notice to the minister of the proposed order;

(

b) making reasonable efforts to consult with all applicable colleges for the

purpose of forming the opinion referred to in subsection (1);

(

c) advising the minister of any objections made by the applicable colleges and

(

i) how the order addresses those objections, or

(ii) why those objections cannot be accommodated.

Emergency orders

(1) If the conditions of

section 12 are met, the provincial health officer may make

an order to do one or more of the following:

(

a) authorize, but not require, a registrant to perform a specified activity or

provide a specified service that the registrant would not otherwise be permitted to

perform or provide under a health profession regulation;

(

b) modify or waive a requirement, standard, limit or condition set under a health

profession regulation and authorize, but not require, a registrant to perform a specified

activity or provide a specified service in accordance with the modification or waiver;

(

c) subject to subsection (2), authorize, but not require, a health professional

who is not a registrant to perform a specified activity or to provide a specified

service that, under a health profession regulation, may be performed or provided only

by a registrant.

(2) A health professional may perform an activity or provide a service under an

emergency order referred to in subsection (1) (

c) only under the direct supervision

of a registrant who is authorized, under a health profession regulation, to perform

the activity or provide the service.

Additional powers for purposes of emergency order

14 The provincial health officer may, for the purposes of an emergency order, do one

or more of the following:

(

a) make the order in respect of a specified person or a class of persons;

(

b) set limits or conditions on an authorization made under the order, including

limits or conditions with respect to

(

i) the training, experience and qualifications of authorized persons,

(ii) the circumstances in which authorized persons may perform an activity or

provide a service, and

(iii) the supervision of authorized persons;

(

c) set different limits and conditions for different classes of authorized persons

or circumstances, including with reference to

(

i) the employer or types of employers of authorized persons, and

(ii) the types of places in which an activity may be performed or a service may

be provided;

(

d) restrict the application of the order to

(

i) one or more geographic areas, or

(ii) a period of time, including until the happening of a specified event;

(

e) require authorized persons to keep records or make reports in respect of matters

relevant to the order and, for this purpose,

(

i) authorize, but not require, another person or a person within a class of persons

to keep the record or make the report on behalf of the authorized person, and

(ii) provide records or make reports to the provincial health officer, a medical

health officer, the minister or an applicable college.

Conferring discretion under emergency order

(1) The provincial health officer may, in an emergency order, confer a discretion

on a medical health officer, an applicable college, an employer, or the board of management

or administrator of a hospital within the meaning of

Part 1 of the Hospital Act , to determine whether an authorized person is competent to perform an activity or

provide a service only if the provincial health officer sets limits or conditions

under

(

a) section 14 (b) (

i) to ensure, to the extent practicable, that activities are

performed or services provided only by persons who are reasonably competent to do

so, or

(

b) section 14 (b) (iii) to require direct supervision of the authorized person

by a registrant who is authorized, under a health profession regulation, to perform

the activity or provide the service.

(2) The provincial health officer may, in an emergency order, authorize an authorized

person to self-assess whether the authorized person is competent to perform an activity

or provide a service only if the provincial health officer sets limits or conditions

as described in subsection (1).

Making emergency orders

16 The provincial health officer must, as soon as practicable after making an emergency

order,

(

a) publish the order on a website maintained by or on behalf of the provincial

health officer, and

(

b) give a copy of the order to the minister and the registrar of each applicable

college.

Minister retains discretion over health professions

17 The provincial health officer must comply with any direction of the minister with

respect to the following:

(

a) not making a proposed emergency order;

(

b) making changes to a proposed emergency order;

(

c) rescinding or modifying an emergency order.

Limits on acting as authorized persons

(1) Nothing in an emergency order authorizes a registrant to act contrary to a limit

or condition imposed by an applicable college on the registrant's registration with

respect to the practice of a designated health profession by that registrant.

(2) A person must not perform an activity or provide a service under an emergency

order if either of the following circumstances apply:

(

a) the person is a registrant whose registration is suspended under

section 33 (2)

or 39 (2) of the Act;

(

b) the person is authorized to practise a health profession in another province

or a foreign jurisdiction but that authorization is suspended for a reason similar

to a reason for which a registrant's registration could be suspended under

section 33 (2)

or 39 (2) of the Act.

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