BILL NO. 207

(as introduced)

2nd Session, 63rd General Assembly
Nova Scotia
68 Elizabeth II, 2019

 

Private Member's Bill

 

Protection for Persons in Care Act
(amended)

 

Barbara Adams
Cole Harbour–Eastern Passage

First Reading: October 18, 2019

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 adds definitions of "abuse" and "next of kin".

Clause 2 requires the Minister responsible for the Act to notify the patient's or the resident's next of kin that an investigation is to be conducted.

Clause 3 requires the investigator to provide regular investigation progress reports to the patient or to the resident and to that person's next of kin.

Clause 4 requires the Minister

(a) to provide a copy of the investigation report to the patient or the resident and to that person's next of kin; and

(b) to make available all investigation records, evidence, notes and written material for examination by the patient or the resident and that person's next of kin.

Clause 5 requires the Minister to provide a copy of the directives issued by the Minister to the patient or the resident and that person's next of kin.

An Act to Amend Chapter 33
of the Acts of 2004,
the Protection for Persons in Care Act

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 33 of the Acts of 2004, the Protection for Persons in Care Act, is amended by

(a) relettering clause (a) as (aa) and adding immediately before that clause the following clause:

(a) "abuse" means
(i) the use of physical force resulting in pain, discomfort or injury, including slapping, hitting, beating, burning, rough handling, tying up or binding,

(ii) mistreatment causing emotional harm, including threatening, intimidating, humiliating, harassing, coercing or restricting from appropriate social contact,

(iii) the administration, withholding or prescribing of medication for inappropriate purposes,

(iv) sexual contact, activity or behaviour between a service provider and a patient or resident,

(v) non-consensual sexual contact, activity or behaviour between patients or residents,

(vi) the misappropriation or improper or illegal conversion of money or other valuable possessions, or

(vii) failure to provide adequate nutrition, care, medical attention or necessities of life without valid consent;

and

(b) adding immediately after clause (c) the following clause:

(ca) "next of kin" means the person or persons recognized by the hospital or health facility as the patient's or the resident's next of kin;

2 Section 8 of Chapter 33, as amended by Chapter 26 of the Acts of 2013 and Chapter 4 of the Acts of 2017, is further amended by adding immediately after subsection (4) the following subsection:

(5) In addition to subsection (4) and in all cases, the notice referred to in subsection (3) must be given to the patient's or resident's next of kin.

3 Section 9 of Chapter 33, as amended by Chapter 26 of the Acts of 2013, is further amended by adding immediately after subsection (5) the following subsection:

(6) Within thirty days after the commencement of the investigation and each successive period of thirty days thereafter, the investigator shall provide information regarding the progress of the investigation to the patient or the resident and to the patient's or resident's next of kin.

4 Section 10 of Chapter 33 is amended by adding immediately after subsection (3) the following subsections:

(4) Within fourteen days of receipt of the report given to the Minister under subsection (1), the Minister shall provide a copy of the report to the patient or the resident and to the patient's or resident's next of kin.

(5) Notwithstanding subsection (3), the Minister shall make available for examination to the patient or the resident and to the patient's or resident's next of kin all records related to the investigation including

(a) all evidence obtained during the course of the investigation; and

(b) notes and written material created by the investigator.

5 Section 11 of Chapter 33, as amended by Chapter 26 of the Acts of 2013 and Chapter 4 of the Acts of 2017, is further amended by adding immediately after subsection (2) the following subsection:

(2A) Notwithstanding subsection (2), the Minister shall give a copy of the directives to the patient's or the resident's next of kin.

 

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2019 Crown in right of Nova Scotia. Created October 18, 2019. Send comments to legc.office@novascotia.ca.