.png){kind=small}
S.M. 1985-86, c. 39
An Act to amend The Health Services Insurance Act 2
(Assented to July 11, 1985)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Health Services Insurance Act, being chapter 81 of the Statutes of Manitoba, 1970 (chapter H35 of the Continuing Consolidation of the Statutes of Manitoba), is amended by adding thereto, immediately after section 140.1 thereof, the following sections:
Operation of personal care homes.
No person shall operate a personal care home except pursuant to the approval of the commission, and in accordance with any terms and conditions subject to which the approval is granted, and such standards and other requirements as may be prescribed therefor under section 140.4.
Approval to operate personal care homes.
The commission may grant any approval required under subsection (1) for the operation of a personal care home or a proposed personal care home, where the commission is satisfied, upon the receipt of an application therefor in a form prescribed by the commission and supported by such documents and information as the commission may require,
(a) that there is a need for the personal care home or proposed personal care home;
(b) that the premises in and upon which the personal care home is being operated or is proposed to be operated, and the personal care being provided in the personal care home or to be provided in the proposed personal care home, are in compliance with such standards and other requirements as may be prescribed therefor under section 140.4; and
(c) that granting the approval would not be contrary to the public interest.
Terms and conditions of approval.
The commission may make any approval granted under subsection (2) subject to such terms and conditions as it deems necessary, and may at any time for cause revoke the approval.
A person
(a) whose application for an approval is refused; or
(b) who is granted an approval subject to terms and conditions; or
(c) whose approval is revoked;
under this section, may appeal to the minister from the refusal or the terms and conditions or the revocation, as the case may be, within 30 days of the receipt of written notification thereof from the commission and in accordance with such procedure as the minister may prescribe, and the decision of the minister upon the appeal is final and binding and is not subject to further appeal.
Operation of diagnostic laboratories.
No person shall operate a diagnostic laboratory except
(a) pursuant to the approval of an officer of the commission, designated for the purpose by the executive director of the commission and hereinafter in this section referred to as "the officer"; and
(b) in accordance with such terms and conditions subject to which the approval under clause (a) may be granted, and such requirements as may be prescribed therefor under section 140.4.
Approval to operate diagnostic laboratories.
The officer may grant any approval required under subsection (1) for the operation of a diagnostic laboratory or a proposed diagnostic laboratory, where the officer is satisfied, upon the receipt of an application therefor in a form prescribed by the officer and supported by such documents and information as the officer may require,
(a) that there is a need for the diagnostic laboratory or proposed diagnostic laboratory;
(b) that the diagnostic laboratory or proposed diagnostic laboratory, and the operation thereof, is or, as proposed, will be, in compliance with such standards as may be prescribed therefor by The College of Physicians and Surgeons of Manitoba and such requirements as may be prescribed therefor under section 140.4; and
(c) that granting the approval would not be contrary to the public interest.
Terms and conditions of approval.
The officer may make any approval granted under subsection (2) subject to such terms and conditions as the officer deems necessary, and may at any time for cause revoke the approval.
A person
(a) whose application for an approval is refused; or
(b) who is granted an approval subject to terms and conditions; or
(c) whose approval is revoked;
under this section, may appeal to the commission from the refusal or the terms and conditions or the revocation, as the case may be, within 30 days of the receipt of written notification thereof from the officer and in accordance with such procedure as the commission may prescribe, and the decision of the commission upon the appeal is final and binding and is not subject to further appeal.
"Diagnostic laboratory" defined.
In this section and in section 140.4, "diagnostic laboratory" means, subject to subsection (6), a place where
(a) the diagnostic examination or treatment of patients, by means of radiation emitting or non-radiation emitting medical imaging devices, is performed, or
(b) operations and procedures for the examination and analysis of specimens taken from the human body are performed to obtain information for diagnosis, prophylaxis or treatment.
The expression "diagnostic laboratory", as defined in subsection (5), does not include
(a) the office of a medical practitioner, wherein diagnostic laboratory procedures are performed solely for the diagnosis of patients of the medical practitioner, and where the procedures are confined to such procedures as may be listed from time to time in the "Short List" of laboratory procedures set out in the laboratory section of the Physicians' Manual published by the commission; or
(b) the office of a dentist, as defined in The Dental Association Act, wherein diagnostic laboratory procedures are performed solely for the diagnosis of patients of the dentist; or
(c) the office of a chiropractor, as defined in The Chiropractic Act, wherein diagnostic laboratory procedures are performed solely for diagnostic purposes.
Regulations for secs. 140.2 and 140.3.
For the purpose of carrying out the provisions of sections 140.2 and 140.3, the commission may make regulations ancillary thereto and not inconsistent therewith or with any other provision of this Act or a regulation made thereunder; and every regulation made pursuant to, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the commission may make regulations
(a) prescribing standards and other requirements respecting the premises within or upon which any personal care home is or is proposed to be operated, and respecting the personal care to be provided in personal care homes;
(b) prescribing requirements for diagnostic laboratories and the operation thereof.
Any person who fails to observe a provision of section 140.2 or 140.3 or a regulation made under section 140.4 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.00 for each day that the offence continues.
This Act comes into force on a day fixed by proclamation.
Note: Section 140.3, clause 140.4(b) and section 140.5 as enacted by section 1 was proclaimed in force June 1, 1986. See Manitoba Gazette No. 22 May 31, 1986, page 1013.