B.C. Reg. 9/2004, deposited January 23, 2004, pursuant to the EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [Section 26]. Order in Council 27/2004, approved and ordered January 22, 2004.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective February 1, 2004, the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended as set out in the attached Appendix.

— M. COELL, Minister of Human Resources; G. COLLINS, Presiding Member of the Executive Council.

Appendix

1 Section 1 of Schedule C to the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended by adding the following definition:

"orthotist" means a person who is certified by and in good standing with the Canadian Board for Certification of Prosthetists and Orthotists;.

2 Section 3 (1) (b) of Schedule C is repealed and the following substituted:

(b) orthotics and bracing if

(i) prescribed by a medical practitioner or podiatrist, or an occupational therapist or physical therapist has performed an assessment and confirmed the need for the orthotics or bracing,

(ii) medically essential for basic mobility,

(iii) the person has received the pre-authorization of the minister for the orthotics or bracing requested,

(iv) the minister is satisfied that the orthotics or bracing are required for one or more of the following purposes:

(A) to prevent surgery;

(B) for post-surgical care;

(C) to assist in physical healing from surgery, injury or disease;

(D) to improve physical functioning that has been impaired by a neuro-musculo-skeletal condition,

(v) there are no resources available to the person's family unit to pay for the cost of the health supplement, and

(vi) the orthotics or bracing are pre-fabricated, unless

(A) a medical practitioner, occupational therapist, physical therapist, podiatrist or orthotist confirms that custom-made orthotics or bracing are required for one or more of the reasons referred to in subparagraph (iv), and

(B) the minister is satisfied that custom-made orthotics or bracing are required for one or more of the reasons referred to in subparagraph (iv);.

3 The following section is added to Schedule C:

3.1 If the criteria in section 3 (1) (b) (vi) (A) and (B) are met and the orthotic is a custom-made foot orthotic, the foot orthotic must be made from a hand-cast mold.

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