Section 3 (2) (b) and (c) BEFORE amended by BC Reg 152/2018, effective September 4, 2018.
(b) registrants of the College of Registered Nurses of British Columbia;
(c) registrants of the College of Registered Psychiatric Nurses of British Columbia;
Section 3 (2) (b) BEFORE amended by BC Reg 206/2020, effective September 1, 2020.
(b) registrants of the British Columbia College of Nursing Professionals who are authorized to use the title "nurse practitioner", "registered nurse" or "registered psychiatric nurse";
Section 3 (2) and (3) BEFORE amended by BC Reg 132/2024, effective June 28, 2024.
(2) The classes of health care providers who are prescribed as qualified health care providers are as follows:
(a) registrants of the British Columbia College of Social Workers;
(b) registrants of the British Columbia College of Nurses and Midwives who are authorized to use the title "nurse practitioner", "registered nurse" or "registered psychiatric nurse";
(c) Repealed. [B.C. Reg. 152/2018, s. 8.]
(d) registrants of the College of Occupational Therapists of British Columbia;
(e) registrants of the College of Psychologists of British Columbia.
(3) A registrant referred to in subsection (2) may exercise powers and perform duties as a qualified health care provider only if
(a) the board for the college referred to in subsection (2) of which the registrant is a member has established standards, limits or conditions respecting eligibility, by its members, to act as qualified health care providers, and
(b) the registrant is eligible under, and acting in accordance with, all applicable standards, limits and conditions referred to in paragraph (a).
Section 6 (1) (d) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(d) that the adult may have a person of his or her choosing present during all or part of the assessment unless, in the opinion of the qualified health care provider, the person's presence would disrupt or in any way adversely affect the assessment process;
Section 9 (1) and (2) BEFORE amended by BC Reg 203/2014, effective November 24, 2014.
(1) An adult is incapable of managing the adult's financial affairs if, in the opinion of a qualified health care provider, any of the following apply:
(a) the adult cannot understand the nature of the adult's financial affairs, including the approximate value of the adult's business and property and the obligations owed to the adult's dependants, if any;
(b) the adult cannot understand the decisions that must be made or actions that must be taken for the reasonable management of the adult's financial affairs;
(c) the adult cannot understand the risks and benefits of making or failing to make particular decisions, or taking or failing to take particular actions, in respect of the adult's financial affairs;
(d) the adult cannot understand that the information referred to in this subsection applies to the adult;
(e) the adult cannot demonstrate that he or she is able to implement, or to direct others to implement, the decisions or actions referred to in paragraph (b).
(2) For the purposes of section 34 of the Act, a qualified health care provider must consider the changes, if any, in the adult's incapability since the previous assessment and the adult's understanding of those changes.
Section 9 (1) (e) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(e) the adult cannot demonstrate that he or she is able to implement, or to direct others to implement, the decisions or actions referred to in paragraph (b).
Section 14 BEFORE repealed by BC Reg 203/2014, effective November 24, 2014.
Exemption from reassessment
14 (1) In this section, "designated facility" and "director" have the same meaning as in the Mental Health Act.
(2) An adult is exempt from being reassessed under section 34 (a) of the Act if any of the following circumstances apply:
(a) the director has no reason to believe that the adult has a statutory property guardian;
(b) the director, knowing that the adult has a statutory property guardian,
(i) notifies the statutory property guardian that the adult is to be discharged from the designated facility,
(ii) has no reason to believe that the adult, if reassessed, would be determined to be capable, and
(iii) records the decision not to have the adult reassessed and the reasons for the director's belief referred to in subparagraph (ii);
(c) regardless of whether the director has reason to believe, or knows, that the adult has a statutory property guardian, the adult is being discharged from the designated facility less than 48 hours after the adult's admission.
Section 15 (2) (b) (ii) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(ii) determine whether the adult is incapable of managing his or her financial affairs;
