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S.M. 2005, c. 39

Bill 43, 3rd Session, 38th Legislature

The Regulated Health Professions Statutes Amendment Act

(Assented to June 16, 2005)

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

PART 1

THE CHIROPRACTIC ACT

C.C.S.M. c. C100 amended

1

The Chiropractic Act is amended by this Part.

2

The definition "minister" in section 1 is replaced with the following:

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

3

The following is added after section 8:

Registration if emergency

8.1(1)

Despite anything in this Act or the regulations, the board may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise chiropractic in another jurisdiction in Canada or the United States to practise chiropractic in the province during an emergency, if the minister gives the board written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a chiropractor from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

8.1(2)

The board may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Licence

8.1(3)

If necessary to carry out the intent of this section, the board may authorize the registrar to issue a licence to a person allowed to practise under subsection (1), on such terms and conditions as the board may determine.

4(1)

Subsection 53.1(1) is amended by striking out "Every" and substituting "Subject to section 53.2, every".

4(2)

Clause 53.1(1)(a) is amended by adding ", or is required to be disclosed," after "public".

5

The following is added after section 53.1:

Registrar to collect information

53.2(1)

In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

53.2(2)

A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.

Minister may require information

53.2(3)

The minister may request in writing that the registrar provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to administer programs respecting payment for professional services under The Health Services Insurance Act;

(c) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

53.2(4)

The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.

Minister may disclose information

53.2(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

53.2(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 2

THE DENTAL ASSOCIATION ACT

C.C.S.M. c. D30 amended

6

The Dental Association Act is amended by this Part.

7

The following is added after section 15:

Registration if emergency

15.1(1)

Despite anything in this Act or the regulations, the board may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise dentistry in another jurisdiction in Canada or the United States to practise dentistry in the province during an emergency if the minister gives the board written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a dentist from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

15.1(2)

The board may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Licence

15.1(3)

If necessary to carry out the intent of this section, the board may authorize the registrar to issue a licence to a person allowed to practise under subsection (1), on such terms and conditions as the board may determine.

8(1)

Subsection 36.1(1) is amended by striking out "Every" and substituting "Subject to section 36.2, every".

8(2)

Clause 36.1(1)(a) is amended by adding ", or is required to be disclosed," after "public".

9

The following is added after section 36.1:

Registrar to collect information

36.2(1)

In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

36.2(2)

A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.

Minister may require information

36.2(3)

The minister may request in writing that the registrar provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to administer programs respecting payment for professional services under The Health Services Insurance Act;

(c) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

36.2(4)

The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.

Minister may disclose information

36.2(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

36.2(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 3

THE DENTURISTS ACT

C.C.S.M. c. D35 amended

10

The Denturists Act is amended by this Part.

11(1)

Subsection 21.1(1) is amended by striking out "Every" and substituting "Subject to section 21.2, every".

11(2)

Clause 21.1(1)(a) is amended by adding ", or is required to be disclosed," after "public".

12

The following is added after section 21.1:

Board to collect information

21.2(1)

In addition to any other information maintained in administering this Act, the board must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

21.2(2)

A member must provide the board with the information required under subsection (1), in the form and at the time set by the board.

Minister may require information

21.2(3)

The minister may request in writing that the board provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to generate information — in non-identifying form — for statistical purposes.

Board to provide information to minister

21.2(4)

The board must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the board.  

Minister may disclose information

21.2(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

21.2(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 4

THE LICENSED PRACTICAL NURSES ACT

C.C.S.M. c. L125 amended

13

The Licensed Practical Nurses Act is amended by this Part.

14

The following is added after section 9:

Registration if emergency

9.1(1)

Despite anything in this Act or the regulations, the board may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise practical nursing in another jurisdiction in Canada or the United States to practise practical nursing in the province during an emergency, if the minister gives the board written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a licensed practical nurse from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

9.1(2)

The board may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Certificate of registration

9.1(3)

If necessary to carry out the intent of this section, the board may authorize the executive director to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the board may determine.

15(1)

Section 63 is amended by striking out "Every" and substituting "Subject to section 63.1, every".

15(2)

Clause 63(a) is amended by adding ", or is required to be disclosed," after "public".

16

The following is added after section 63:

Executive director to collect information

63.1(1)

In addition to any other information maintained in administering this Act, the executive director must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

63.1(2)

A member must provide the executive director with the information required under subsection (1), in the form and at the time set by the executive director.

Minister may require information

63.1(3)

The minister may request in writing that the executive director provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to generate information — in non-identifying form — for statistical purposes.

Executive director to provide information to minister

63.1(4)

The executive director must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the executive director.

Minister may disclose information

63.1(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

63.1(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 5

THE MEDICAL ACT

C.C.S.M. c. M90 amended

17

The Medical Act is amended by this Part.

18

The following is added after section 13:

Registration if emergency

13.1(1)

Despite anything in this Act or the regulations, the council may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise medicine in another jurisdiction in Canada or the United States to practise medicine in the province during an emergency if the minister gives the council written notice that

(a) a public health emergency exists in all or part of the province; and

(b) after consulting with public health officials and any other persons that the minister considers advisable, he or she has determined that the services of a physician from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

13.1(2)

The council may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Licence

13.1(3)

If necessary to carry out the intent of this section, the council may direct the registrar to issue a licence to a person allowed to practise under subsection (1), on such terms and conditions as the council may determine.

19(1)

The following definition is added after subsection 19.1(1):

Definition

19.1(1.1)

In this section, "member" means

(a) a licensed member who is practising in Manitoba; and

(b) a person whose licence is suspended.

19(2)

Subclause 19.1(2)(a)(v) is replaced with the following:

(v) a description of any offence — that is reasonably related to the member's competence or to the safe practice of medicine — of which the member has been found guilty, within the time period specified in the regulations, under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada),

20

Clause 59.5(b) is amended by striking out "this Act or the by-laws" and substituting "this Act, the regulations, the by-laws".

21(1)

Subsection 63(1) is amended by striking out "Every" and substituting "Subject to section 63.1, every".

21(2)

Clause 63(1)(a) is amended by adding ", or is required to be disclosed," after "public".

22

The following is added after section 63:

Registrar to collect information

63.1(1)

In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and licence renewal.

Member to provide information

63.1(2)

A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.

Minister may require information

63.1(3)

The minister may request in writing that the registrar provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to administer programs respecting payment for professional services under The Health Services Insurance Act;

(c) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

63.1(4)

The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.

Minister may disclose information

63.1(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

63.1(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 6

THE MEDICAL LABORATORY

TECHNOLOGISTS ACT

Unproclaimed Act amended

23

The Medical Laboratory Technologists Act, as enacted by S.M. 2002, c. 12, is amended by this Part.

24

The following is added after section 9:

Registration if emergency

9.1(1)

Despite anything in this Act or the regulations, the board of assessors may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise medical laboratory technology in another jurisdiction in Canada or the United States to practise medical laboratory technology in the province during an emergency, if the minister gives the board of assessors written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a medical laboratory technologist from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

9.1(2)

The board of assessors may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Certificate of registration

9.1(3)

If necessary to carry out the intent of this section, the board of assessors may authorize the registrar to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the board of assessors may determine.

25(1)

Section 60 is amended by striking out "Every" and substituting "Subject to section 60.1, every".

25(2)

Clause 60(a) is amended by adding ", or is required to be disclosed," after "public".

26

The following is added after section 60:

Registrar to collect information

60.1(1)

In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

60.1(2)

A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.

Minister may require information

60.1(3)

The minister may request in writing that the registrar provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

60.1(4)

The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.

Minister may disclose information

60.1(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

60.1(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 7

THE MIDWIFERY ACT

C.C.S.M. c. M125 amended

27

The Midwifery Act is amended by this Part.

28

The following is added after section 12:

Registration if emergency

12.1(1)

Despite anything in this Act or the regulations, the board of assessors may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise midwifery in another jurisdiction in Canada or the United States to practise midwifery in the province during an emergency, if the minister gives the board of assessors written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a midwife from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

12.1(2)

The board of assessors may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Certificate of registration

12.1(3)

If necessary to carry out the intent of this section, the board of assessors may authorize the registrar to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the council may determine.

29(1)

Section 60.1 is amended by striking out "Every" and substituting "Subject to section 60.2, every".

29(2)

Clause 60.1(a) is amended by adding ", or is required to be disclosed," after "public".

30

The following is added after section 60.1:

Registrar to collect information

60.2(1)

In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

60.2(2)

A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.

Minister may require information

60.2(3)

The minister may request in writing that the registrar provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to administer programs respecting payment for professional services under The Health Services Insurance Act;

(c) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

60.2(4)

The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.

Minister may disclose information

60.2(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

60.2(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 8

THE NATUROPATHIC ACT

C.C.S.M. c. N80 amended

31

The Naturopathic Act is amended by this Part.

32

Section 1 is amended by adding the following definition:

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

33

The following is added after section 11:

Registration if emergency

11.1(1)

Despite anything in this Act or the regulations, the board may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise naturopathy in another jurisdiction in Canada or the United States to practise naturopathy in the province during an emergency, if the minister gives the board written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a naturopath from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

11.1(2)

The board may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Certificate of registration

11.1(3)

If necessary to carry out the intent of this section, the board may issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the board may determine.

34(1)

Subsection 25(1) is amended by striking out "Every" and substituting "Subject to section 26, every".

34(2)

Clause 25(1)(a) is amended by adding ", or is required to be disclosed," after "public".

35

The following is added after section 25:

Board to collect information

26(1)

In addition to any other information maintained in administering this Act, the board must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

26(2)

A member must provide the board with the information required under subsection (1), in the form and at the time set by the board.

Minister may require information

26(3)

The minister may request in writing that the board provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to generate information — in non-identifying form — for statistical purposes.

Board to provide information to minister

26(4)

The board must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the board.  

Minister may disclose information

26(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

26(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 9

THE OCCUPATIONAL THERAPISTS ACT

Unproclaimed Act amended

36

The Occupational Therapists Act, as enacted by S.M. 2002, c.17, is amended by this Part.

37

The following is added after section 9:

Registration if emergency

9.1(1)

Despite anything in this Act or the regulations, the council may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise occupational therapy in another jurisdiction in Canada or the United States to practise occupational therapy in the province during an emergency, if the minister gives the council written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of an occupational therapist from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

9.1(2)

The council may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Certificate of registration

9.1(3)

If necessary to carry out the intent of this section, the council may authorize the registrar to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the council may determine.

38(1)

Section 62 is amended by striking out "Every" and substituting "Subject to section 62.1, every".

38(2)

Clause 62(a) is amended by adding ", or is required to be disclosed," after "public".

39

The following is added after section 62:

Registrar to collect information

62.1(1)

In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

62.1(2)

A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.

Minister may require information

62.1(3)

The minister may request in writing that the registrar provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

62.1(4)

The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.

Minister may disclose information

62.1(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

62.1(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 10

THE OPTICIANS ACT

C.C.S.M. c. O60 amended

40

The Opticians Act is amended by this Part.

41

Section 1 is amended by adding the following definition:

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

42(1)

Subsection 25(1) is amended by striking out "Every" and substituting "Subject to section 26, every".

42(2)

Clause 25(1)(a) is amended by adding ", or is required to be disclosed," after "public".

43

The following is added after section 25:

Registrar to collect information

26(1)

In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

26(2)

A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.

Minister may require information

26(3)

The minister may request in writing that the registrar provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

26(4)

The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.

Minister may disclose information

26(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

26(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 11

THE OPTOMETRY ACT

C.C.S.M. c. O70 amended

44

The Optometry Act is amended by this Part.

45

Section 1 is amended by adding the following definition:

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

46

The following is added after section 11:

Registration if emergency

11.1(1)

Despite anything in this Act or the regulations, the board of examiners may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise optometry in another jurisdiction in Canada or the United States to practise optometry in the province during an emergency, if the minister gives the board of examiners written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of an optometrist from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

11.1(2)

The board of examiners may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Certificate of registration or licence

11.1(3)

If necessary to carry out the intent of this section, the board of examiners may authorize the registrar to issue a certificate and to issue an optometric drug licence to a person allowed to practise under subsection (1), on such terms and conditions as the board of examiners may determine.

47(1)

Subsection 22(1) is amended by striking out "Every" and substituting "Subject to section 23, every".

47(2)

Clause 22(1)(a) is amended by adding ", or is required to be disclosed," after "public".

48

The following is added after section 22:

Registrar to collect information

23(1)

In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

23(2)

A member must provide the registrar with the information required under subsection (1) in the form and at the time set by the registrar.

Minister may require information

23(3)

The minister may request in writing that the registrar provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to administer programs respecting payment for professional services under The Health Services Insurance Act;

(c) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

23(4)

The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.

Minister may disclose information

23(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

23(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 12

THE PHARMACEUTICAL ACT

C.C.S.M. c. P60 amended

49

The Pharmaceutical Act is amended by this Part.

50

The following is added after section 10:

Registration if emergency

10.1(1)

Despite anything in this Act or the regulations, the council may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise pharmacy in another jurisdiction in Canada or the United States to practise pharmacy in the province during an emergency, if the minister gives the council written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a pharmacist from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

10.1(2)

The council may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Certificate of registration or licence

10.1(3)

If necessary to carry out the intent of this section, the council may authorize the registrar to issue a certificate of registration and a licence to a person allowed to practise under subsection (1), on such terms and conditions as the council may determine.

51(1)

Section 63.1 is amended by striking out "Every" and substituting "Subject to section 63.2, every".

51(2)

Clause 63.1(a) is amended by adding ", or is required to be disclosed," after "public".

52

The following is added after section 63.1:

Registrar to collect information

63.2(1)

In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

63.2(2)

A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.

Minister may require information

63.2(3)

The minister may request in writing that the registrar provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

63.2(4)

The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.

Minister may disclose information

63.2(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

63.2(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 13

THE PHYSIOTHERAPISTS ACT

C.C.S.M. c. P65 amended

53

The Physiotherapists Act is amended by this Part.

54

The following is added after section 9:

Registration if emergency

9.1(1)

Despite anything in this Act or the regulations, the board of assessors may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise physiotherapy in another jurisdiction in Canada or the United States to practise physiotherapy in the province during an emergency, if the minister gives the board of assessors written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a physiotherapist from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

9.1(2)

The board of assessors may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Certificate of registration

9.1(3)

If necessary to carry out the intent of this section, the board of assessors may authorize the registrar to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the board of assessors may determine.

55(1)

Section 62 is amended by striking out "Every" and substituting "Subject to section 62.1, every".

55(2)

Clause 62(a) is amended by adding ", or is required to be disclosed," after "public".

56

The following is added after section 62:

Registrar to collect information

62.1(1)

In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

62.1(2)

A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.

Minister may require information

62.1(3)

The minister may request in writing that the registrar provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

62.1(4)

The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.

Minister may disclose information

62.1(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

62.1(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 14

THE PODIATRISTS ACT

C.C.S.M. c. P93 amended

57

The Podiatrists Act is amended by this Part.

58

The following is added after section 9:

Registration if emergency

9.1(1)

Despite anything in this Act or the regulations, the council may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise podiatry in another jurisdiction in Canada or the United States to practise podiatry in the province during an emergency, if the minister gives the council written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a podiatrist from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

9.1(2)

The council may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Certificate of registration

9.1(3)

If necessary to carry out the intent of this section, the council may authorize the registrar to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the council may determine.

59(1)

Section 60 is amended by striking out "Every" and substituting "Subject to section 60.1, every".

59(2)

Clause 60(a) is amended by adding ", or is required to be disclosed," after "public".

60

The following is added after section 60:

Registrar to collect information

60.1(1)

In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

60.1(2)

A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.

Minister may require information

60.1(3)

The minister may request in writing that the registrar provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

60.1(4)

The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.

Minister may disclose information

60.1(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

60.1(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 15

THE PSYCHOLOGISTS REGISTRATION ACT

C.C.S.M. c. P190 amended

61

The Psychologists Registration Act is amended by this Part.

62

Section 1 is amended by adding the following definition:

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

63

The following is added after section 9.1:

Registration if emergency

9.2(1)

Despite anything in this Act or the regulations, the council may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise psychology in another jurisdiction in Canada or the United States to practise psychology in the province during an emergency, if the minister gives the council written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a psychologist from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

9.2(2)

The council may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Certificate of registration

9.2(3)

If necessary to carry out the intent of this section, the council may authorize the registrar to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the council may determine.

64(1)

Subsection 16(1) is amended by striking out "Every" and substituting "Subject to section 17, every".

64(2)

Clause 16(1)(a) is amended by adding ", or is required to be disclosed," after "public".

65

The following is added after section 16:

Registrar to collect information

17(1)

In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

17(2)

A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.

Minister may require information

17(3)

The minister may request in writing that the registrar provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

17(4)

The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.

Minister may disclose information

17(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

17(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 16

THE REGISTERED DIETITIANS ACT

C.C.S.M. c. R39 amended

66

The Registered Dietitians Act is amended by this Part.

67

The following is added after section 9:

Registration if emergency

9.1(1)

Despite anything in this Act or the regulations, the board of assessors may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise dietetics in another jurisdiction in Canada or the United States to practise dietetics in the province during an emergency, if the minister gives the board of assessors written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a dietitian from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

9.1(2)

The board of assessors may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Certificate of registration

9.1(3)

If necessary to carry out the intent of this section, the board of assessors may authorize the registrar to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the board of assessors may determine.

68(1)

Section 62 is amended by striking out "Every" and substituting "Subject to section 62.1, every".

68(2)

Clause 62(a) is amended by adding ", or is required to be disclosed" after "public".

69

The following is added after section 62:

Registrar to collect information

62.1(1)

In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

62.1(2)

A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.

Minister may require information

62.1(3)

The minister may request in writing that the registrar provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

62.1(4)

The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.

Minister may disclose information

62.1(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

62.1(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 17

THE REGISTERED NURSES ACT

C.C.S.M. c. R40 amended

70

The Registered Nurses Act is amended by this Part.

71

The following is added after section 9:

Registration if emergency

9.1(1)

Despite anything in this Act or the regulations, the board may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise nursing as a registered nurse in another jurisdiction in Canada or the United States to practise nursing in the province during an emergency, if the minister gives the board written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a registered nurse from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

9.1(2)

The board may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Certificate of practice

9.1(3)

If necessary to carry out the intent of this section, the board may authorize the executive director to issue a certificate of practice to a person allowed to practise under subsection (1), on such terms and conditions as the board may determine.

72(1)

Section 62 is amended by striking out "Every" and substituting "Subject to section 62.1, every".

72(2)

Clause 62(a) is amended by adding ", or is required to be disclosed," after "public".

73

The following is added after section 62:

Executive director to collect information

62.1(1)

In addition to any other information maintained in administering this Act, the executive director must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

62.1(2)

A member must provide the executive director with the information required under subsection (1), in the form and at the time set by the executive director.

Minister may require information

62.1(3)

The minister may request in writing that the executive director provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to administer programs respecting payment for professional services under The Health Services Insurance Act;

(c) to generate information — in non-identifying form — for statistical purposes.

Executive director to provide information to minister

62.1(4)

The executive director must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the executive director.

Minister may disclose information

62.1(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

62.1(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 18

THE REGISTERED PSYCHIATRIC

NURSES ACT

C.C.S.M. c. R45 amended

74

The Registered Psychiatric Nurses Act is amended by this Part.

75

The following is added after section 9:

Registration if emergency

9.1(1)

Despite anything in this Act or the regulations, the board may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise psychiatric nursing in another jurisdiction in Canada or the United States to practise psychiatric nursing in the province during an emergency, if the minister gives the board written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a registered psychiatric nurse from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

9.1(2)

The board may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Certificate of registration

9.1(3)

If necessary to carry out the intent of this section, the board may authorize the executive director to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the board may determine.

76(1)

Section 63 is amended by striking out "Every" and substituting "Subject to section 63.1, every".

76(2)

Clause 63(a) is amended by adding ", or is required to be disclosed," after "public".

77

The following is added after section 63:

Executive director to collect information

63.1(1)

In addition to any other information maintained in administering this Act, the executive director must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

63.1(2)

A member must provide the executive director with the information required under subsection (1), in the form and at the time set by the executive director.

Minister may require information

63.1(3)

The minister may request in writing that the executive director provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to generate information — in non-identifying form — for statistical purposes.

Executive director to provide information to minister

63.1(4)

The executive director must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the executive director.

Minister may disclose information

63.1(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

63.1(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 19

THE REGISTERED RESPIRATORY

THERAPISTS ACT

C.C.S.M. c. R115 amended

78

The Registered Respiratory Therapists Act is amended by this Part.

79

The following is added after section 10:

Registration if emergency

10.1(1)

Despite anything in this Act or the regulations, the board may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise respiratory therapy in another jurisdiction in Canada or the United States to practise respiratory therapy in the province during an emergency, if the minister gives the board written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a respiratory therapist from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

10.1(2)

The board may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Certificate of membership

10.1(3)

If necessary to carry out the intent of this section, the board may authorize the registrar to issue a certificate of membership to a person allowed to practise under subsection (1), on such terms and conditions as the board may determine.

80(1)

Subsection 56(1) is amended by striking out "Every" and substituting "Subject to section 57, every".

80(2)

Clause 56(1)(a) is amended by adding ", or is required to be disclosed," after "public".

81

The following is added after section 56:

Registrar to collect information

57(1)

In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

57(2)

A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.

Minister may require information

57(3)

The minister may request in writing that the registrar provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

57(4)

The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.

Minister may disclose information

57(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

57(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

PART 20

COMING INTO FORCE

Coming into force

82(1)

This Act, except Parts 6 and 9, comes into force on September 1, 2005, and if it receives royal assent after that day, it is deemed to have come into force on September 1, 2005.

Coming into force: Part 6

82(2)

Part 6 comes into force on September 1, 2005, or on the day that The Medical Laboratory Technologists Act, S.M. 2002, c. 12, comes into force, whichever is later.

Coming into force: Part 9

82(3)

Part 9 comes into force on September 1, 2005, or on the day that The Occupational Therapists Act, S.M. 2002, c. 17, comes into force, whichever is later.