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HEALTH PROFESSIONS AMENDMENT ACT, 2008

HEALTH PROFESSIONS
AMENDMENT ACT, 2008

Chapter 34

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

Amends RSA 2000 cH‑7

1   The Health Professions Act is amended by this Act.

 


 

12   The following is added after section 122:

Abandoned patient records

122.1(1)  A council must adopt standards of practice that require each regulated member to make arrangements and put plans in place to ensure that the member’s patient records are not abandoned within the meaning of the regulations.

(2)  If a regulated member, or former member, of a college abandons the member’s patient records, that college must ensure that the member’s abandoned patient records are secured and managed in accordance with the regulations.

(3)  The Court of Queen’s Bench may make an order in accordance with the regulations

                                   (a)    directing a civil enforcement agency in Alberta to seize, remove and place in the custody of a trustee abandoned patient records, or property containing abandoned patient records, and 

                                   (b)    authorizing the civil enforcement agency to enter on land or premises or open any receptacle if there is reason to believe that abandoned patient records may be found on the land or premises or in the receptacle.

2011 c14 s11

13   Section 126(1) is amended

                             (a)    by adding the following after clause (c):

                                (c.1)    a trustee of abandoned patient records appointed in accordance with the regulations;

                                (c.2)    the Minister or an employee or agent of the department administered by the Minister;

                                (c.3)    a person who conducts or has conducted an inspection under Part 3.1;

                             (b)    in clause (d) by striking out “(c)” and substituting “(c.3)”;

                             (c)    by renumbering clause (d.1) as clause (f).

 

15   Section 134 is amended

                             (a)    by adding the following after clause (c.1):

                                (c.2)    respecting abandoned patient records for the purposes of section 122.1, including, without limitations, regulations

                                           (i)    respecting the circumstances under which patient records are considered abandoned;

                                          (ii)    respecting the manner in which abandoned patient records are to be secured and managed, including regulations respecting access to and disclosure of abandoned patient records, the transfer of abandoned patient records and the destruction of abandoned patient records;

                                         (iii)    respecting the appointment and removal of trustees and their powers and duties, including the appointment of a college or its delegate as a trustee and the appointment of a trustee by the Court of Queen’s Bench;

                                         (iv)    respecting the fees, costs and expenses of trustees and the college, including regulations respecting the liability of a regulated member or former member to pay those fees, costs and expenses;

                                          (v)    respecting rules under which applications to the Court of Queen’s Bench are to be made and heard, and dealing generally with all matters of procedure;

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

                                 (f.1)    defining terms that are used but not defined in this Act;

 

38   This Act comes into force on Proclamation.