24

 

Fourth Session, 44th General Assembly

51 Elizabeth II, 2002

BILL 24

AN ACT TO AMEND THE CANCER TREATMENT AND RESEARCH FOUNDATION ACT, THE HEALTH AND COMMUNITY SERVICES ACT, THE HOSPITALS ACT, THE MEDICAL CARE INSURANCE ACT, 1999 AND THE VITAL STATISTICS ACT

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE GERALD SMITH

Minister of Health and Community Services

Ordered to be printed by the Honourable House of Assembly

 

 

EXPLANATORY NOTE

This Bill amends various statutes to enable the entities referenced to release personal identifying information to the Newfoundland Centre for Health Information, subject to the terms and conditions that the Lieutenant-Governor in Council may prescribe.

 

A BILL

AN ACT TO AMEND THE CANCER TREATMENT AND RESEARCH FOUNDATION ACT, THE HEALTH AND COMMUNITY SERVICES ACT, THE HOSPITALS ACT, THE MEDICAL CARE INSURANCE ACT, 1999 AND THE VITAL STATISTICS ACT

Analysis

CANCER TREATMENT AND RESEARCH FOUNDATION ACT

1. S.17.1 Added
Release of information

2. S.21.1 Added
Regulations

HEALTH AND COMMUNITY SERVICES ACT

3. S.4.1 Added
Release of information

4. S.10.1 Added
Regulations

HOSPITALS ACT

5. S.35 Amdt.
Hospital records

6. S. 36.1 Added
Regulations

MEDICAL CARE INSURANCE ACT, 1999

7. S.3 Amdt.
Confidentiality of information

8. S.20 Amdt.
Regulations

VITAL STATISTICS ACT

9. Ss.28 & 29 Added
28. Release of information
29. Regulations

 

 

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


CANCER TREATMENT AND RESEARCH FOUNDATION ACT

RSNL1990 cC-4
as amended

1. The Cancer Treatment and Research Foundation Act is amended by adding immediately after section 17 the following:

Release of information

17.1 The foundation may release information, including personal identifying information, to the Newfoundland and Labrador Centre for Health Information subject to terms and conditions prescribed by the Lieutenant Governor in Council under section 21.1.

 

2. The Act is amended by adding immediately after section 21 the following:

Regulations

21.1 The Lieutenant Governor in Council may make regulations prescribing the terms and conditions for the release of information under section 17.1.

HEALTH AND COMMUNITY SERVICES ACT

SNL1995 cP-37.1
as amended

3. The Health and Community Services Act is amended by adding immediately after section 4 the following:

Release of information

4.1 Either

(a) a board established under section 4; or

(b) the department

may release information, including personal identifying information to the Newfoundland and Labrador Centre for Health Information subject to terms and conditions prescribed by the Lieutenant Governor in Council under section 10.1.

 

4. The Act is amended by adding immediately after section 10 the following:

Regulations

10.1 The Lieutenant Governor in Council may make regulations prescribing the terms and conditions for the release of information under section 4.1.

HOSPITALS ACT

RSNL1990 cH-9
as amended

5. Subsection 35(3) of the Hospitals Act is repealed and the following substituted:

(3) Subsection (2) does not apply in respect of information provided by a hospital authority to

(a) a patient or former patient of the hospital controlled by the hospital authority, or where that patient is an infant or under disability, to the parent or guardian of that person;

(b) a person authorized in writing by a patient or person referred to in paragraph (a);

(c) an agency or department of a provincial government or the Government of Canada, or an official of a provincial government or the Government of Canada acting in his or her official capacity, where that agency, department or official has received the prior approval of the minister for the release of that information and the content of that information to be released by the hospital authority is approved by the minister;

(d) the Newfoundland and Labrador Centre for Health Information where the information being released contains personal identifying information subject to terms and conditions prescribed by the Lieutenant Governor in Council under section 36.1; or

(e) a physician or other hospital authority within or outside the province, where the physician or hospital authority is in the course of treatment of the patient concerned,

when the information is provided at the request of that person, department, centre or agency.

 

6. The Act is amended by adding immediately after the title "PART IV MISCELLANEOUS" the following:

Regulations

36.1 The Lieutenant Governor in Council may make regulations prescribing the terms and conditions for the release of information under section 35(3).

MEDICAL CARE INSURANCE ACT, 1999

SNL1999 cM-5.1
as amended

7. Subsection 3(1) of the Medical Care Insurance Act, 1999 is amended by deleting the word "or" at the end of paragraph (e) and by adding immediately after that paragraph the following:

(e.1) for the purpose of releasing information, including personal identifying information, to the Newfoundland and Labrador Centre for Health Information subject to terms and conditions prescribed by the Lieutenant Governor in Council under section 20; or

 

8. Section 20 of the Act is amended by deleting the word "and" at the end of paragraph (c) and by adding immediately after that paragraph the following:

(c.1) prescribing the terms and conditions for the release of information under paragraph 3(1)(e.1); and

VITAL STATISTICS ACT

RSNL1990 cV-6
as amended

9. The Vital Statistics Act is amended by adding immediately after section 27 the following:

Release of information

28. Notwithstanding section 26, the registrar may release information, including personal identifying information, to the Newfoundland and Labrador Centre for Health Information subject to terms and conditions prescribed by the Lieutenant-Governor in Council under section 29.

Regulations

29. The Lieutenant Governor in Council may make regulations prescribing the terms and conditions for the release of information under section 28.

 

 

 

 

 

 

©Earl G. Tucker, Queen's Printer