Health Care (Consent) and Care Facility (Admission) Act

HEALTH CARE CONSENT REGULATION

[includes amendments up to B.C. Reg. 431/2004, October 1, 2004]

Part 1 — Interpretation

Definitions

1 (1) In this regulation:

"health care body" means either of the following:                                                

(a) a health care body as defined in the Freedom of Information and Protection of Privacy Act;

(b) a facility licensed under the Community Care and Assisted Living Act;

"psychosurgery" means a procedure by which

(a) histologically normal brain tissue is, by direct or indirect access to the brain, removed or destroyed or its continuity is interrupted, or

(b) indwelling electrodes are inserted in the brain for pulsed electrical stimulation to alter behaviour or to treat psychiatric illness,

but does not include any neurological procedure used to diagnose or treat intractable physical pain or epilepsy if these conditions are clearly demonstrable.

(2) Repealed. [B.C. Reg. 431/2004, s. 1 (c).]

[am. B.C. Reg. 431/2004, s. 1.]

Part 2 — Consent

Committees that may approve medical research programs

2 The following committees are designated for the purposes of paragraph (b) of the definition of "health care" in section 1 of the Act:

(a) University of British Columbia – British Columbia Cancer Agency Research Ethics Board;

(b) University of British Columbia – Clinical Research Ethics Board;

(c) University of British Columbia – Behavioural Research Ethics Board;

(d) Simon Fraser University – Research Ethics Review Committee;

(e) University of Victoria – Human Research Ethics Committee;

(f) University of British Columbia – Providence Health Care Research Ethics Board;

(g) Vancouver Island Health Authority Research Review and Ethical Approval Committee;

(h) Clinical Investigation Committee, Fraser North;

(i) South Fraser Regional Research Review Committee;

(j) Kelowna General Hospital Research Committee;

(k) Prince George Regional Hospital Research Review Committee;

(l) Penticton Regional Hospital Ethics Committee;

(m) Interior Health Research Ethics Review Committee.

[en. B.C. Reg. 431/2004, s. 2.]

Health care providers

3 The following Acts are prescribed for the purposes of the definition of "health care provider" in section 1 of the Act:

(a) Chiropractors Act;

(b) Dentists Act;

(c) Health Professions Act;

(d) Hearing Aid Act;

(e) Medical Practitioners Act;

(f) Nurses (Registered) Act;

(g) Optometrists Act;

(h) Podiatrists Act;

(i) Social Workers Act.

Major health care

4 The following are designated as major health care:

(a) radiation therapy;

(b) intravenous chemotherapy;

(c) kidney dialysis;

(d) electroconvulsive therapy;

(e) laser surgery.

Health care to which temporary substitute decision maker cannot consent

5 (1) The following types of health care are prescribed for the purposes of section 18 (1) of the Act:

(a) abortion unless recommended in writing by the treating physician and at least one other medical practitioner who has examined the adult for whom it is proposed;

(b) electroconvulsive therapy unless recommended in writing by the treating physician and at least one other medical practitioner who has examined the adult for whom it is proposed;

(c) psychosurgery;

(d) removal of tissue from a living human body for implantation in another human body or for medical education or research;

(e) experimental health care involving a foreseeable risk to the adult for whom the health care is proposed that is not outweighed by the expected therapeutic benefit;

(f) participation in a health care or medical research program that has not been approved by a committee referred to in section 2;

(g) any treatment, procedure or therapy that involves using aversive stimuli to induce a change in behaviour.

(2) and (3) Repealed. [B.C. Reg. 431/2004, s. 3.]

(4) In this section, "experimental health care" means health care

(a) that is a deviation from standard professional practice, and

(b) that has not been approved by a committee referred to in section 2.

[am. B.C. Reg. 431/2004, s. 3.]

Notice of substitute consent — major health care

6 A notice under section 14 (4) (b) of the Act must be in Form 1.

Part 3

Repealed. [B.C. Reg. 431/2004, s. 4.]

Form 1

[en. B.C. Reg. 40/2002, s. (c); am. B.C. Reg. 431/2004. s. 5.]

Health Care (Consent) and Care Facility (Admission) Act

Section 14 (4) (b) of the Act

NOTICE OF INCAPABILITY AND SUBSTITUTE
CONSENT (MAJOR HEALTH CARE)

To ........................................................................................................................................................:[name of adult for whom substitute consent has been given (please print)]

I, ......................................................................................................................................[name of health care provider (please print)], am your physician/other health care provider and I have proposed the following health care for you:
...............................................................................................................................................................................................................................................................................
...............................................................................................................................................................................................................................................................................
................................................................................................................................................................................................................................................................................

I have determined, using the legal test of incapability stated in section 7 of the Health Care (Consent) and Care Facility (Admission) Act, that you are incapable of giving or refusing consent to the health care described above.

To the best of my knowledge, you do not have a committee, or representative, who is authorized to make a decision for you about the health care described above.

Therefore, I have chosen ..................................................................................................[name and phone number of Temporary Substitute Decision Maker (please print)] as temporary substitute decision maker for you and he/she has [ ] given [ ] refused [check ONE box only] substitute consent to the health care described above.

If you disagree with the decision of your temporary substitute decision maker, you may ask your attending physician or one of the nurses caring for you how to have the decision reviewed.

The decision to [ ] give [ ] refuse [check ONE box only] substitute consent to the health care described above was made on .............................................[dd/mm/yyyy] at ....................................[time] am/pm.

.......................................................................................[signature of health care provider] ....................................................................................................[position/title]

...................[dd/mm/yyyy] .................[time] am/pm.

Form 2

Repealed. [B.C. Reg. 431/2004, s. 6.]

[Provisions of the Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, c. 181, relevant to the enactment of this regulation: sections 1 and 34]

Copyright (c) 2004: Queen's Printer, Victoria, British Columbia, Canada