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The Protection for Persons in Care Amendment Act

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S.M. 2012, c. 16

Bill 14, 1st Session, 40th Legislature

The Protection for Persons in Care Amendment Act

(Assented to June 14, 2012)

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

C.C.S.M. c. P144 amended

1           The Protection for Persons in Care Act is amended by this Act.

2(1)        The definition "abuse" in section 1 is replaced with the following:

"abuse" means, subject to subsection (2), an act or omission that

(a) is mistreatment, whether physical, sexual, mental, emotional, financial or a combination of any of them, and

(b) causes or is reasonably likely to cause

(i) death of a patient,

(ii) serious physical or psychological harm to a patient, or

(iii) significant loss to a patient's property,

but does not include neglect; (« mauvais traitements »)

2(2)        The definition "investigator" in section 1 is amended by adding "or neglect" after "abuse".

2(3)        Section 1 is further amended by adding the following definitions:

"adult abuse registry committee" means the Adult Abuse Registry Committee under The Adult Abuse Registry Act; (« comité de protection contre les mauvais traitements infligés aux adultes »)

"committee" means a committee appointed under The Mental Health Act; (« curateur »)

"neglect" means, subject to subsection (2), an act or omission that

(a) is mistreatment that deprives a patient of adequate care, adequate medical attention or other necessaries of life, or a combination of any of them, and

(b) causes or is reasonably likely to cause

(i) death of a patient, or

(ii) serious physical or psychological harm to a patient; (« négligence »)

"personal health information" means personal health information as defined in The Personal Health Information Act; (« renseignements médicaux personnels »)

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act; (« renseignements personnels »)

"proxy" means a proxy appointed in accordance with The Health Care Directives Act; (« mandataire »)

"specified adult" means a specified adult as defined in The Adult Abuse Registry Act or the regulations under that Act. (« adulte visé »)

2(4)        Section 1 is further amended by renumbering it as subsection 1(1) and adding the following as subsection 1(2):

Exceptions re definitions of "abuse" and "neglect"

1(2)        The following do not constitute abuse or neglect:

(a) an act or omission that is the result of, or is attributable to,

(i) a patient's refusal of care, or

(ii) a decision made on behalf of a patient by his or her committee or proxy;

(b) an act or omission in the circumstances set out in the regulations.

3           The centred headings before sections 2, 3 and 5 are amended by adding "OR NEGLECT" after "ABUSE".

4           In the following provisions, "or neglect" is added after "abuse" wherever it occurs:

(a) sections 2 and 4;

(b) subsection 6(1);

(c) section 10;

(d) section 11;

(e) subsection 12(2).

5           Subsection 3(1) is amended

(a) in the section heading, by adding "or neglect" after "abuse"; and

(b) by adding "or neglected" after "abused".

6           Section 5 is amended

(a) in the following provisions, by adding "or neglect" after "abuse":

(i) subsection (1), in the section heading and in the subsection,

(ii) subsection (3),

(iii) clause (4)(b);

(b) in subsection (2), by adding "or neglected" after "abused"; and

(c) in subsection (3), by striking out "committee appointed under The Mental Health Act to make decisions on his or her behalf" and substituting "committee".

7           Clause 6(2)(b) is amended by striking out "including personal health information as defined in The Personal Health Information Act" and substituting "including personal information and personal health information".

8(1)        Subsection 8(1) is amended by striking out "the patient from abuse" and substituting "patients from abuse or neglect".

8(2)        Subsection 8(2) is amended

(a) in clause (a), by striking out "under The Mental Health Act"; and

(b) in clause (b), by adding "or neglect" after "abuse".

9           The following is added after section 8:

REPORT TO EMPLOYER

Report to employer

8.1(1)      If, after an investigation the minister believes that

(a) a patient has been abused or neglected; and

(b) the employment duties of the person who abused or neglected the patient

(i) involve the care of a patient or another specified adult, or the provision of other services to such a person, or

(ii) permit unsupervised access to patients;

the minister must report to the person's employer, manager or supervisor at the place of employment the name of the person who abused or neglected the patient and the circumstances of the abuse or neglect that are required by the regulations to be reported.

Further information

8.1(2)      The minister may provide the person's employer, manager or supervisor with further information relating to the abuse or neglect, including personal information and personal health information, if the minister

(a) receives a request for the information from the person's employer, manager or supervisor; and

(b) believes that providing the information is necessary to protect patients and other specified adults from abuse or neglect.

Definition of employer

8.1(3)      If a health facility or a regional health authority as defined in The Regional Health Authorities Act has granted privileges to a person, the health facility or the regional health authority is his or her employer for the purpose of this section.

REPORT TO ADULT ABUSE REGISTRY COMMITTEE

Reporting abuse or neglect to adult abuse registry committee

8.2(1)      In addition to taking any other action under this Act, if, after an investigation the minister believes that

(a) a person

(i) has abused a patient,

(ii) has neglected a patient, or

(iii) has abused and neglected a patient;

(b) the person meets any criteria which may be set out in the regulations; and

(c) no extenuating circumstances as set out in the regulations exist;

the minister must provide a report about the matters in clauses (a) to (c) to the adult abuse registry committee in accordance with the regulations.

Additional information about report

8.2(2)      If the minister receives a request for further information about his or her report from the adult abuse registry committee,

(a) the minister may investigate the matter and provide the committee with any further information that relates to the report; and

(b) section 6 applies, with necessary changes.

10          Subsection 9(1) is amended by adding "or neglected" after "abused".

11          Subclause 11.1(1)(a)(i) is amended by striking out "an abuse" and substituting "abuse or neglect".

12(1)       Section 13 is amended as follows:

(a) by renumbering clause (a.1) as clause (b);

(b) by renumbering clause (a.2) as clause (f);

(c) by renumbering clause (b) as clause (g);

(d) by adding the following after clause (b):

(c) for the purpose of clause 1(2)(b), setting out circumstances in which an act or omission is not abuse or neglect;

(d) for the purpose of subsection 8.1(1), setting out the circumstances of abuse and neglect to be included in the report;

(e) for the purpose of section 8.2, setting out criteria and extenuating circumstances and the information to be included in the report;

12(2)       Section 13 is further amended by renumbering it as subsection 13(1) and adding the following as subsection 13(2):

General or specific application

13(2)       A regulation made under subsection (1) may be general or specific in its application.

Coming into force

13          This Act comes into force on a day to be fixed by proclamation.