Legislative Assembly of New Brunswick
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An Act to Amend the Hospital Services Act

Legislature :
54
Session :
5
Bill No. :
53
Member :
Hon. Elvy Robichaud
First Reading :
2003-3-26
Second Reading :
2003-3-27
Committee of the Whole :
2003-3-28
Amended :
Third Reading :
2003-4-1
Royal Assent :
2003-4-11
Download PDF :
Bill 53

Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Section 1 of the Hospital Services Act, chapter H-9 of the Revised Statutes, 1973, is amended by adding the following definitions in alphabetical order:



"medical practitioner" means a member of the medical profession who is licensed to practise medicine under the laws of the jurisdiction in which the medical practitioner practises;



"oral and maxillofacial surgeon" means a dental practitioner whose name is entered in the specialists register and who is the holder of a specialist's licence in oral and maxillofacial surgery issued pursuant to the New Brunswick Dental Act, 1985, or a dental practitioner who practises outside of New Brunswick and who is recognized as an oral and maxillofacial surgeon by the licensing body of the jurisdiction in which that dental practitioner practises oral and maxillofacial surgery;



2                           Section 4 of the Act is amended



(a)               in paragraph (b) by striking out "hospital corporations" and substituting "regional health authorities";



(b)               in paragraph h) of the French version by striking out "dispensés" and substituting "fournis";



(c)               in paragraph h.2) of the French version by striking out "dispensés" and substituting "fournis";



(d)               by repealing paragraph (k) and substituting the following:



(k)                to appoint medical practitioners, oral and maxillofacial surgeons and other health professionals with the duty and power to examine and obtain information from the clinical and other regional health authority records, reports and accounts of patients who are receiving or who have received entitled services,



(e)               in paragraph (k.1) by striking out "and other health professionals" and substituting ", oral and maxillofacial surgeons and other health professionals".



3                           Section 5 of the Act is amended by striking out "hospital corporation" wherever it appears and substituting "regional health authority".



4                           Paragraph 9(1)(c) of the Act is amended by striking out "hospital corporations" and substituting "regional health authorities".



5                           Section 10.01 of the French version of the Act is amended by striking out "dispensés" and substituting "fournis";



6                           This Act or any provision of it comes into force on a day or days to be fixed by proclamation.



EXPLANATORY NOTES



Section 1



New definitions are added.



Section 2



(a)               The existing provision is as follows:



4                           The Minister may take such steps as he deems necessary for the following purposes:…



(b)               to approve hospital corporations for the purposes of this Act in accordance with the regulations,



(b)               For reasons of consistency of vocabulary, a word is changed in the French version.



(c)                The amendment is consequential on the amendment made in paragraph 2(b) of this amending Act.



(d)               The existing provision is as follows:



4                           The Minister may take such steps as he deems necessary for the following purposes:…



(k)                to appoint medical practitioners and other health professionals with the duty and power to examine and obtain information from the clinical and other regional health authority records, reports and accounts of patients who are receiving or who have received entitled services,



(e)                The existing provision is as follows:



4                           The Minister may take such steps as he deems necessary for the following purposes:…



(k.1)          to appoint medical practitioners and other health professionals with the duty and power to examine and obtain information from the clinical and other records, reports and accounts of patients who are receiving or who have received entitled services from hospitals and other facilities outside New Brunswick,



Section 3



The existing provision is as follows:



5                           Neither Her Majesty the Queen in right of the Province nor the Minister is liable for any act or omission of any hospital corporation official, any person on the medical staff or nursing staff of a hospital corporation or any employee or agent of a hospital corporation.



Section 4



The existing provision is as follows:



9(1)                   The Lieutenant-Governor in Council may make such regulations as may be deemed necessary for the following purposes: …



(c)                approving hospital corporations for the purposes of the hospital services plan;



Section 5



The amendment is consequential on the amendment made in paragraph 2(b) of this amending Act.



Section 6



Commencement provision.

 

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