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Volume 53, No. 12

B.C. Reg. 207/2010

The British Columbia Gazette,

Part II

June 29, 2010

B.C. Reg. 207/2010 , deposited June 28, 2010, pursuant to the PUBLIC HEALTH ACT [Sections 111, 113, 114, 116, 121, 125 and 126]. Order in Council 474/2010, approved and ordered June 25, 2010.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Public Health Impediments Regulation, B.C. Reg. 50/2009, is amended as set out in the attached Schedule.

— I. CHONG, Minister of Healthy Living and Sport ; M. COELL, Presiding Member of the Executive Council .

Schedule

1 The Public Health Impediments Regulation, B.C. Reg. 50/2009, is amended by adding the following heading before

section 1:

Part 1 —

Definitions and Prescribed Health Impediments .

Section 2 is repealed and the following substituted:

Prescribed health impediments

2 For the purposes of

section 22 of the Act, the following are prescribed as health impediments:

(

a) trans fat in foods intended for human consumption;

(

b) vision loss or impairment;

(

c) decay or impairment of the teeth or gums;

(

d) hearing loss or impairment.

3 The following heading is added before

section 3:

Part 2 — Trans Fat .

4 The following

section is added to

Part 2:

Offence

4 A person commits an offence if the person

(

a) exceeds the trans fat content limits set out in

section 3 (3), or

(

b) fails to provide documents or information in accordance with

section 3 (5).

5 The following

Part is added:

Part 3 — Child Health Screening (Vision, Dental, Hearing)

Definitions

5 In this Part:

"child" means a child who is less than 15 years old;

"Child Care Licensing Regulation" means the Child Care Licensing Regulation, B.C. Reg. 332/2007;

"facility" means a community care facility licensed under the Community Care and Assisted Living Act to provide a care program described in the Child Care Licensing Regulation;

"health screen" means an examination or test that

(

a) is conducted for the purpose of identifying vision loss or impairment, decay or impairment of the teeth or gums or hearing loss or impairment,

(

a) is non-invasive, and

(

b) is not intended to diagnose illness, disease or disability;

"licensee" means a licensee of a facility, other than a licensee providing a type of care described in the Child Care Licensing Regulation as Family Child Care, In-Home Multi-Age Child Care, or Occasional Child Care;

"parent" has the same meaning as in the Child Care Licensing Regulation;

"school" means a school within the meaning of

(

a) the School Act , or

(

b) the Independent School Act ;

"screen" means to conduct a health screen.

Collection and use of demographic information

6 For a purpose described in

section 9 (a), (b), (d), (

e) or (

f) of the Act, a health authority conducting a health screening program May collect and use information, including personal information, received under any of the following:

(

a) section 7 of this regulation;

(b)

section 79 (2) of the School Act ;

(c)

section 9 (3) of the Independent School Regulation, B.C. Reg. 262/89.

Licensee to provide demographic information

(1) The health impediments described in

section 2 (

b) to (

d) of this regulation are prescribed for the purposes of

section 12 of the Act.

(2) On request of a health authority, a licensee must promptly report to the health authority the following information in respect of each child who attends the licensee's facility but who does not attend school:

(

a) the child's name, date of birth and gender;

(

b) the name and contact information of the child's parent.

Authority to conduct health screening program

(1) For the purposes of preventing illness and promoting health within the population, a health authority May conduct a health screening program for children.

(2) Subject to subsection (3), a health authority May screen a child only if the child's parent is first notified, in writing, of all of the following:

(

a) when screening will take place, what screening services will be performed and how screening will be conducted;

(

b) that the results of a child's screening will be recorded and kept by the health authority and are subject to the requirements of the Freedom of Information and Protection of Privacy Act ;

(

c) the uses that May be made of the results of the child's screening;

(

d) that the parent May refuse consent to screening of his or her child by notifying the health authority of the refusal

(

i) in writing or verbally, and

(ii) before the date stated in the notice as to when screening will take place;

(

e) that a refusal as described in paragraph (

d) does not affect the provision of any service that would otherwise be available to the child;

(

f) of how the parent May contact the health authority for further information respecting the health screening program.

(3) A health authority must not screen a child if the child's parent gives notice of a refusal in accordance with subsection (2) (d).

Results of health screening program

(1) A health authority must disclose to the child's parent the results of a child's health screen under

section 8.

(2) Subject to subsection (5), a health authority May use the results of a child's health screen for a purpose described in

section 9 (a), (b), (d), (

e) or (

f) of the Act.

(3) If, under subsection (2), a health authority recommends to a parent that a child attend a health professional for follow-up in respect of the child's health screen, the health authority may, subject to subsection (5) and for the purpose of caring for and monitoring the health care needs of the child, disclose the results of the child's health screen and any follow-up to

(

a) the licensee of a facility attended by the child, or

(

b) the principal of a school attended by the child.

(4) A parent May refuse consent to the use or disclosure by a health authority of the results of his or her child's health screen or follow-up, if any, by notifying the health authority of the refusal

(

a) in writing or verbally, and

(

b) before the date stated in the notice as to when screening will take place.

(5) A health authority must not use or disclose the results of a child's health screen or follow-up, if any, if the child's parent gives notice of a refusal in accordance with subsection (4).

Other uses of information

10 For greater certainty, nothing in this regulation prevents the collection, use or disclosure of the following as authorized under another enactment:

(

a) demographic information collected under

section 6 of this regulation,

section 79 (2) of the School Act or

section 9 (3) of Independent School Regulation, B.C. Reg. 262/89;

(

b) the results of a child's health screen.

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