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Third Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 209

THE FETAL ALCOHOL SPECTRUM DISORDER REPORTING ACT


Table of Contents Explanatory Note

(Assented to                                         )

WHEREAS fetal alcohol spectrum disorder is a serious condition;

AND WHEREAS children with fetal alcohol spectrum disorder benefit from early diagnosis and specialized treatment from a young age;

AND WHEREAS schools, child welfare agencies and the health care system need information about the number of children with fetal alcohol spectrum disorder in order to provide appropriate services and specialized treatment to children with fetal alcohol spectrum disorder;

AND WHEREAS making information on the number and distribution of children with fetal alcohol spectrum disorder available will assist in improving the design and effectiveness of programs to prevent fetal alcohol spectrum disorder;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           The following definitions apply in this Act.

"annual report" means the report prepared by the chief medical officer of health under subsection 5(1). (« rapport annuel »)

"chief medical officer of health" means the person appointed as chief medical officer of health under The Public Health Act. (« médecin hygiéniste en chef »)

"child and family services authority" means an authority established under The Child and Family Services Authority Act. (« régie de services à l'enfant et à la famille »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"regional health authority" means a regional health authority established or continued under The Regional Health Authorities Act. (« office régional de la santé »)

"school division" means a school division or school district under The Public Schools Act. (« division scolaire »)

Duty to report diagnosis to parent or guardian

2           Every physician who diagnoses a child who is 16 years of age or under with fetal alcohol spectrum disorder must use his or her best efforts

(a) to advise a parent or guardian of the child of the diagnosis; and

(b) to give the parent or guardian information about fetal alcohol spectrum disorder and the resources that are available to assist persons with the disorder.

Reporting diagnosis to chief medical officer of health

3(1)        Every physician who diagnoses a child who is 16 years of age or under with fetal alcohol spectrum disorder must report the diagnosis to the chief medical officer of health.

Reporting information

3(2)        A report under section (1) must be made in writing within 30 days after the diagnosis is made, and must include the child's name, date of birth and place of residence.

Report to be treated confidentially

4           The chief medical officer of health must take reasonable steps to prevent unauthorized access to a physician's report or the unauthorized use or disclosure of information in the report.

Annual report re FASD diagnoses

5(1)        The chief medical officer of health must prepare a report each year that

(a) sets out the total number of children diagnosed in the previous year with fetal alcohol spectrum disorder in the province;

(b) based upon place of residence, breaks down the number of children diagnosed with fetal alcohol spectrum disorder by

(i) school division,

(ii) regional health authority region, and

(iii) other region of the province established by regulation; and

(c) gives the incidence rates and, to the extent possible, the prevalence rates of fetal alcohol spectrum disorder in children in the areas set out in clause (b).

Report must not identify child with FASD

5(2)        The annual report must contain only statistical information on the number of children diagnosed with fetal alcohol spectrum disorder and the incidence and prevalence rates for fetal alcohol spectrum disorder. It must not include the name of a child or other information that could reasonably be expected to identify a child.

Annual report to minister

6(1)        The chief medical officer of health must give the minister a copy of the annual report.

Tabling annual report

6(2)        The minister must table a copy of the annual report in the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

Distributing annual report

6(3)        The chief medical officer of health must give a copy of the annual report to

(a) every school division in the province;

(b) every regional health authority in the province;

(c) every child and family services authority in the province;

(d) the College of Physicians and Surgeons of Manitoba; and

(e) the College of Registered Nurses of Manitoba.

Diagnostic guidelines

7           For the purposes of this Act, a diagnosis of fetal alcohol spectrum disorder is to be made in accordance with diagnostic guidelines established by regulation.

Regulations

8           The Lieutenant Governor in Council may make regulations

(a) dividing the province into regions for the purpose of subclause 5(1)(b)(iii);

(b) establishing diagnostic guidelines for the diagnosis of fetal alcohol spectrum disorder;

(c) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Amendments when Public Health Act replaced

9(1)         Section 1 of this Act is amended

(a) by repealing the definition "chief medical officer of health"; and

(b) by adding the following definition:

"chief public health officer" means the chief provincial public health officer appointed under section 10 of The Public Health Act. (« médecin hygiéniste en chef »)

9(2)         Sections 1, 3, 4, 5 and 6 are amended by striking out "chief medical officer of health" wherever it occurs and substituting "chief public health officer".

C.C.S.M. reference

10          This Act may be referred to as chapter F53 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

11(1)       This Act, except section 9, comes into force on a day to be fixed by proclamation.

Coming into force: section 9

11(2)        Section 9 comes into force on the same day that The Public Health Act, S.M. 2006, c. 14, comes into force.

Explanatory Note

This Bill requires a doctor who diagnoses a child with fetal alcohol spectrum disorder to tell the parent or guardian of the child about the diagnosis and give information about the disorder. The doctor must also report the diagnosis to the chief medical officer of health.

The chief medical officer of health must make a report each year that sets out the number of children diagnosed with fetal alcohol spectrum disorder in the province and in specific areas of the province.