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The Emergency Medical Response and Stretcher Transportation Amendment Act

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If you need an official copy, use the bilingual (PDF) version.

S.M. 2017, c. 13

Bill 14, 2 nd Session, 41st Legislature

The Emergency Medical Response and Stretcher Transportation Amendment Act

Explanatory Note

This note is a reader's aid and is not part of the law.

This Act makes a number of changes to The Emergency Medical Response and Stretcher Transportation Act. The key changes are as follows:

  • provisions are added allowing for the implementation of a standardized fee structure for emergency medical response (EMR) services, including the ability to set the maximum amount that may be charged;
  • the funding provisions in the Act are updated to reflect the current funding structure for providers of EMR services; and
  • the responsibilities of the Medical Director of Provincial Emergency Medical Response Services are formally set out, including the requirement to establish medical quality assurance programs for EMR services.

Consequential amendments are made to The Highway Traffic Act and The Testing of Bodily Fluids and Disclosure Act.

(Assented to June 2, 2017)

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

C.C.S.M. c. E83 amended

1           The Emergency Medical Response and Stretcher Transportation Act is amended by this Act.

2           Section 1 is amended

(a) by repealing the definitions "air ambulance", "ambulance operator", "emergency medical response technician", "grant" and "municipality";

(b) in the definition "ambulance" by adding "or aircraft" after "motor vehicle"; and

(c) by adding the following definitions:

"provincial medical director" means the Medical Director of Provincial Emergency Medical Response Services appointed under section 20.1; (« directeur médical provincial »)

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

3           Section 1.1 is amended by adding ", except the power to make regulations" at the end.

4           Section 2 is replaced with the following:

Licence required to operate emergency medical response system or stretcher transportation service

2(1)        No person shall operate an emergency medical response system or a stretcher transportation service without a valid licence to do so.

Licence required to provide emergency medical response services or act as stretcher attendant

2(2)        Subject to the regulations, no individual shall provide emergency medical response services to a patient or act as a stretcher attendant without a valid licence to do so.

5           Section 4 is replaced with the following:

Employment of unlicensed individuals prohibited

4           Subject to the regulations, no person shall employ or engage an individual to provide emergency medical response services to a patient or to act as a stretcher attendant unless the individual holds a valid licence to do so.

6           Section 7 is amended

(a) by striking out "each municipality in the area" and substituting "the regional health authority for the health region"; and

(b) by striking out "in the area" and substituting "in the area of the health region where the applicant proposes to operate".

7(1)        Subsection 10(1) is replaced with the following:

Unauthorized equipment — stretcher transportation service

10(1)        A licence holder that operates a stretcher transportation service shall not

(a) store or install in a stretcher transportation vehicle; or

(b) use or permit to be used in the course of providing stretcher transportation services;

any drug, equipment, apparatus or other item that is not authorized by the regulations.

7(2)        Subsection 10(2) is amended

(a) in clause (a), by striking out "emergency medical response services or"; and

(b) in clause (b), by striking out "patient" and substituting "individual being transported".

8           The following is added after section 10:

Required equipment — emergency medical response system

10.1        A licence holder that operates an emergency medical response system must store or install in each ambulance or other vehicle or aircraft used as part of the emergency medical response system the drugs, equipment, apparatus and other items required by the provincial medical director.

9           Subsection 16(4) is amended

(a) by replacing the section heading with "Expiry of orders"; and

(b) by striking out "December 31 following the coming into force date specified" and substituting "the date specified".

10          The heading for Part II is replaced with "FUNDING".

11(1)       Subsections 19(1) and (2) are replaced with the following:

Minister may fund regional health authorities

19(1)       From and out of the fund, the minister may provide funding to a regional health authority in respect of the provision of emergency medical response services.

Regional health authority may fund licence holders

19(2)       A regional health authority may provide funding to a person holding a licence to operate an emergency medical response system if the authority and the licence holder have entered into a written agreement that provides for the following:

(a) the services to be provided by the licence holder;

(b) the funding to be provided by the regional health authority;

(c) authority for the regional health authority to audit the books, records and accounts of the licence holder;

(d) a process for resolving disputes under the agreement, and remedies for breaches of the agreement;

(e) any other matter prescribed in the regulations.

Funding during negotiations

19(2.1)     Despite subsection (2), a regional health authority may, with the minister's approval, provide funding to a licence holder even though an agreement has not been entered into if the parties are in the process of negotiating such an agreement.

11(2)       Subsections 19(3) and (4) are repealed.

11(3)       Subsection 19(5) is replaced with the following:

Special audits

19(5)       The minister may at any time cause to be audited the books, records and accounts of a person licensed or formerly licensed to operate an emergency medical response system, in relation to

(a) the receipt and use of the funding provided to the licence holder or former licence holder under this section; and

(b) the fees charged to patients, or to other persons in respect of emergency medical response services provided to patients, by the licence holder or former licence holder.

The licence holder or former licence holder must provide any information and assistance requested in the course of and for the purposes of the audit.

12          The following is added before section 21 as part of Part III:

Provincial medical director to be appointed

20.1(1)     A duly qualified medical practitioner must be appointed under The Civil Service Act as the Medical Director of Provincial Emergency Medical Response Services.

Responsibilities

20.1(2)     The provincial medical director has the following responsibilities:

(a) to provide general oversight of the medical care provided by emergency medical response systems;

(b) to establish medical quality assurance program requirements for emergency medical response systems;

(c) to perform any other duties or functions assigned by the minister or specified in this Act or the regulations.

13(1)       Subsection 26(1) is amended

(a) by replacing the section heading with "Regulations by minister";

(b) by adding the following after clause (a.2):

(a.3) for the purpose of subsection 2(2), respecting circumstances in which an individual may provide emergency medical response services without a valid licence to do so;

(a.4) for the purpose of section 4, respecting circumstances in which a licence holder may employ or engage an individual who is not licensed to provide emergency medical response services to provide those services;

(c) in clause (c.2) by striking out "emergency medical response services and"; and

(d) by adding the following after clause (c.3):

(c.4) for the purpose of subsection 19(2), prescribing a matter to be included in an agreement;

13(2)       The following is added after subsection 26(1):

Regulations by Lieutenant Governor in Council

26(1.1)     The Lieutenant Governor in Council may make regulations respecting fees that a person holding a licence to operate an emergency medical response system may charge to a patient or other person in respect of emergency medical response services provided to the patient, including the maximum amount of a fee that may be charged or the method of determining that amount.

13(3)       Subsection 26(2) is replaced with the following:

Application of regulations

26(2)       A regulation under this section may be general or particular in its application and may apply to one or more classes of systems, services or persons, and to the whole or any part of the province.

13(4)       The following is added after subsection 26(2):

Adoption of code or standard

26(3)       A regulation under this section may adopt by reference any code or standard, in whole or in part or with modifications, and the code or standard may be adopted as amended or replaced from time to time.

14          Subsection 27(1) is replaced with the following:

Offence and penalty

27(1)       A person who contravenes a provision of this Act or the regulations, or who makes any statement or gives any information under this Act or the regulations knowing it to be false or misleading, is guilty of an offence and is liable on conviction,

(a) in the case of an individual,

(i) for a first offence, to a fine of not more than $10,000, and

(ii) for each subsequent offence, to a fine of not more than $50,000; and

(b) in the case of a corporation,

(i) for a first offence, to a fine of not more than $25,000, and

(ii) for each subsequent offence, to a fine of not more than $100,000.

Separate offence for each day

27(1.1)     When an offence referred to in subsection (1) continues for more than one day, the person is guilty of a separate offence for each day the offence continues.

CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE

Consequential amendment, C.C.S.M. c. H60

15          Clause 215.1(4)(c) of The Highway Traffic Act is replaced with the following:

(c) an individual operating an ambulance while it is being used to provide emergency medical response services.

Consequential amendment, C.C.S.M. c. T55

16          Clause 2(1)(c) of The Testing of Bodily Fluids and Disclosure Act is amended by striking out "emergency medical response technician or peace officer" and substituting "peace officer or as an individual providing emergency medical response services".

Coming into force

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