BILL NO. 117

(as passed)

1st Session, 59th General Assembly
Nova Scotia
54 Elizabeth II, 2005

Government Bill

Emergency Health Services Act

CHAPTER 5 OF THE ACTS OF 2005

The Honourable Angus MacIsaac
Minister of Health

First Reading: October 1, 2004 (LINK TO BILL AS INTRODUCED)

Second Reading: October 4, 2004

Third Reading: May 16, 2005

Royal Assent: May 19, 2005

An Act Respecting the Provision of
Ambulance Services and
Emergency Health Services

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Emergency Health Services Act.

2 In this Act,

(a) "ambulance services" means services providing for the transport and stabilization of patients and the dispatching of ambulances, and includes air and ground emergency and non-emergency ambulance services;

(b) "communications centre" means a centre that provides communications services for ambulance services;

(c) "emergency ambulance services" means ambulance services provided in situations that are determined by a communications-centre dispatcher to constitute an emergency requiring an immediate response;

(d) "emergency health services" means the arrangement of personnel, facilities and equipment required for the effective, co-ordinated delivery of services provided by registered pre-hospital first responders and by registered paramedics and other health professionals pursuant to this Act and required in the prevention and management of medical, trauma and health conditions;

(e) "hospital" means a hospital as defined in the Hospitals Act;

(f) "inspector" means an inspector appointed for the purpose of this Act;

(g) "Minister" means the Minister of Health;

(h) "Register" means the Register established or designated pursuant to this Act;

(i) "registered paramedic" means a paramedic whose name is on the Register;

(j) "registered pre-hospital first responder" means a pre-hospital first responder whose name is on the Register.

3 The Minister has the general supervision and management of this Act.

4 The Minister may undertake any function related to ambulance services, emergency health services and communications-centre services that the Minister considers necessary or advisable and, in particular, has the authority to

(a) ensure the existence throughout the Province of emergency health services, ambulance services and communications-centre services;

(b) make available the services of appropriately trained persons on a continuous, continual or temporary basis to enhance existing health services in any part of the Province;

(c) purchase, lease, sell, transfer or dispose of ambulances, equipment, facilities or other items as necessary for the administration of this Act; and

(d) monitor, inspect and evaluate ambulance services, emergency health services and communications-centre services, including facilities, equipment and supplies, and investigate complaints respecting them.

5 (1) Subject to the regulations, the Minister may establish standards for the management, operation and use of ground and air ambulances providing emergency or non-emergency services, for emergency health services and for communications-centre services and for any equipment, supplies and facilities required to provide the services and ensure compliance with those standards and, in particular, establish standards respecting

(a) clinical care and medical oversight in the provision of ambulance services, emergency health services and communications-centre services;

(b) trauma care;

(c) technical operations;

(d) emergency and non-emergency ambulance communications and dispatch;

(e) safe operation of air and ground ambulances;

(f) medical first response;

(g) facilities housing emergency health services operations.

(2) The exercise by the Minister of the authority contained in this Section is regulations within the meaning of the Regulations Act.

6 The Minister may enter into agreements for the purpose of this Act with any person to provide ambulance services, emergency health services or communications-centre services in all or part of the Province.

7 No person shall operate the business or undertaking of providing ambulance services except pursuant to an agreement with the Minister.

8 The Minister may assist hospitals, other health institutions and agencies, municipalities and other organizations and persons to provide emergency health services and to train personnel to provide services, and to enter into agreements or arrangements for that purpose.

9 The Minister may establish one or more communications centres for the dispatch of ambulances throughout the Province.

10 Inspectors required for the purpose of this Act shall be appointed by the Minister.

11 (1) An inspector may, at any reasonable time, enter and inspect facilities used for the purpose of providing ambulance services, emergency health services, communications-centre services, the vehicles used for the provision of emergency and non-emergency ambulance services, and any other equipment and supplies used in the provision of ambulance services, emergency health services and communications-centre services.

(2) Any person who is operating an ambulance service, providing an emergency health service or operating a communications centre shall permit an inspector, at any reasonable time, to enter and inspect the facility used for the provision of ambulance services, emergency health services, communications-centre services, the vehicles used in the provision of emergency and non-emergency ambulance services, and all equipment and supplies.

(3) Any person providing ambulance services, emergency health services or communications-centre services shall forward to an inspector such records, returns, and reports as the inspector requests, in the form and manner and within the time the inspector requests.

12 Where there are reasonable grounds to believe that an ambulance is being operated in violation of this Act or the regulations, an inspector may detain the ambulance in accordance with policies established by the Minister.

13 No ambulance shall be used for purposes other than ambulance transport, public education or other activities authorized by the Minister.

14 The Minister shall

(a) establish a Register of pre-hospital first responders, paramedics and emergency medical dispatchers; or

(b) designate a register maintained by a regulatory body with authority to register paramedics and emergency medical dispatchers.

15 No paramedic or emergency medical dispatcher whose name is not on the Register shall be employed as a paramedic or emergency medical dispatcher under this Act.

16 A paramedic or emergency medical dispatcher employed under this Act shall work in accordance with patient-care standards and procedures established pursuant to this Act.

17 (1) Every person who contravenes or fails to comply with this Act or the regulations is liable on summary conviction to a penalty of not more than ten thousand dollars.

(2) Every day on which an offence continues constitutes a separate offence.

18 (1) The Governor in Council may make regulations

(a) respecting clinical care and safety of pre-hospital patients receiving ambulance services and emergency health services;

(b) respecting the operation of ambulance services;

(c) respecting performance standards and monitoring and enforcement of those standards;

(d) respecting educational and other programs to provide up-to-date pre-hospital health services;

(e) prescribing data to be collected respecting ambulance services and emergency health services;

(f) prescribing standards for the design, structure and licensing of ambulances;

(g) respecting the equipment, medication and supplies that must be carried in an ambulance;

(h) respecting the maintenance, repair and inspection of ambulances and the equipment used in ambulances;

(i) respecting any matter necessary or advisable for the acceptance of bequests, grants and donations and for the undertaking of fundraising events to support the provision of ambulance services;

(j) respecting the development of programs using the communications centre;

(k) defining any word or expression used but not defined in this Act;

(l) respecting any matter that the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) The exercise by the Governor in Council of the authority contained in this Section is regulations within the meaning of the Regulations Act.

19 Chapter 8 of the Acts of 1994, the Emergency Health Services Agency Act, is repealed.

20 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.