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PUBLIC HEALTH AMENDMENT ACT, 2016

Bill 28

PUBLIC HEALTH AMENDMENT ACT, 2016

Chapter 25

(Assented to December 9, 2016)

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

Amends RSA 2000 cP‑37

1   The Public Health Act is amended by this Act.

 

2   Section 1 is amended

                            (a)    in clause (bb)


                                  (i)    by adding “the Minister or” after “appointed by”;

                                 (ii)    by striking out “or designated by the Minister”;

                           (b)    in clause (gg)(ii) by striking out “Chief Medical Officer” and substituting “Minister”;

                            (c)    in clause (nn) by striking out “diseases” wherever it occurs and substituting “infections”.

 

3   Section 9 is amended

                            (a)    in subsection (1) by striking out “a person as a medical officer of health and persons” and substituting “one or more persons as medical officers of health and one or more persons”;

                           (b)    by repealing subsection (2) and substituting the following:

(2)  The Minister may appoint one or more persons as medical officers of health for a regional health authority if the Minister is of the opinion that the number of medical officers of health appointed by the regional health authority is insufficient.

 

4   Section 15(1) is amended by adding “or to a medical officer of health, or to both,” after “provide to the Chief Medical Officer”.

 

5   Section 16 is amended

                            (a)    in subsection (1) by striking out “designate a physician as a medical officer” and substituting “appoint one or more physicians as medical officers”;

                           (b)    in subsection (2) by striking out “designated” and substituting “appointed”;

                            (c)    in subsection (3) by striking out “a person employed in the Department as an executive officer” and substituting “one or more persons employed in the Department as executive officers”.

 

6   Section 18.1 is amended

                            (a)    by repealing subsections (1) and (2) and substituting the following:

Disclosure of information

18.1(1)  In this section,

                                 (a)    “charter school”, “early childhood services program”, “independent student”, “private school” and “school board” have the meanings given to them in the School Act;

                                 (b)    “child care program” means a child care program in respect of which a licence has been issued under the Child Care Licensing Act.

(2)  A medical officer of health may by notice in writing require a school board, an operator of a private school or of a charter school, an operator of an early childhood services program or a provider of a child care program to provide to the medical officer of health, in the form and manner and within the time specified in the notice, the information set out in subsection (2.1) that is in its custody or within its control, for the purpose of contacting a parent or guardian of a student or child, or contacting an independent student, regarding voluntary health programs, including immunization, hearing, vision, speech and dental health programs, and for the purpose of communicable diseases control.

(2.1)  For the purposes of subsection (2), a medical officer of health may require the following information to be provided:

                                 (a)    the name, address, postal code, date of birth and sex, and the grade level, if applicable, of a student or child and the school, early childhood services program or child care program, as the case may be, attended by the student or child;

                                 (b)    the name, address, postal code, telephone number and electronic address

                                        (i)    of the parent or guardian of a child or a student other than an independent student, or

                                      (ii)    of an independent student;

                                 (c)    any other information prescribed in the regulations.

                           (b)    in subsection (3)

                                  (i)    by adding “or charter school” after “private school”;

                                 (ii)    by adding “or a provider of a child care program” after “program”.

 

7   The following is added after section 18.1:

Provision of information by Minister of Education

18.2(1)  The Minister may require the Minister of Education to provide to the Minister, in the form and manner and within the time specified, the information set out in subsection (2) that is in the custody or under the control of the Department of Education, for the purpose of contacting a parent or guardian of a student, or contacting an independent student, respecting voluntary health programs, including immunization, hearing, vision, speech and dental health programs, and for the purpose of communicable diseases control.

(2)  For the purposes of subsection (1), the Minister may require the following information to be provided:

                                 (a)    a student’s name, address, postal code, date of birth, sex, grade level and school;

                                 (b)    the name, address, postal code, telephone number and electronic address

                                        (i)    of the parent or guardian of a student other than an independent student, or

                                      (ii)    of an independent student;

                                 (c)    any other information prescribed in the regulations.

 

8   The following is added before section 19:

Reporting re immunization

18.3   A health practitioner who performs an immunization or conducts an assessment in respect of immunization shall report information respecting immunization to the Minister in accordance with the regulations.

Reporting adverse event following immunization

18.4   A health practitioner shall, in accordance with the regulations, report any adverse event following immunization of which the health practitioner becomes aware in respect of a person to whom the health practitioner has provided or is providing professional services.

Immunization schedules

18.5   A health practitioner who performs an immunization shall comply with

                                 (a)    the most recent version of an immunization schedule published by the Chief Medical Officer, or

                                 (b)    the part of the most recent version of an immunization schedule published by the Chief Medical Officer

that is identified by the Chief Medical Officer as being mandatory.

Biological agent storage, handling, transportation

18.6(1)  A person who stores, handles or transports, or directs the storage, handling or transportation of, a biological agent intended for use in immunization shall do so in accordance with the regulations.

(2)  A person referred to in subsection (1) who becomes aware of a contravention of the regulations referred to in subsection (1) shall take action in accordance with the regulations.

 

9   Section 20(2) is amended

                            (a)    by striking out “disease” and substituting “infection”;

                           (b)    by striking out “diseases” and substituting “infections”.

 

10   Section 21 is amended by striking out “the medical officer of health of the regional health authority” and substituting “a medical officer of health of a regional health authority”.

 

11   Section 22 is amended

                            (a)    in subsections (1), (1.1) and (2) by striking out “the medical officer of health of the regional health authority” and substituting “a medical officer of health”;

                           (b)    in subsections (3) and (4) by striking out “the Chief Medical Officer” and substituting “a medical officer of health”.

 

12   Section 23 is amended

                            (a)    in clause (a) by striking out “the medical officer of health of the regional health authority” and substituting “a medical officer of health”;

                           (b)    in clause (b) by striking out “the Chief Medical Officer” and substituting “a medical officer of health”.

 

13   Section 25 is amended

                            (a)    by striking out “20(1)” and substituting “20(1) or (2)”;

                           (b)    by striking out “the medical officer of health” and substituting “a medical officer of health”.

 

14   Section 26 is amended by striking out “the medical officer of health of the regional health authority” and substituting “a medical officer of health of a regional health authority”.

 

15   Section 33(2), (3) and (4) are amended by striking out “the medical officer of health” and substituting “a medical officer of health”.

 

16   Section 34(1) is amended by adding “in a hospital or other place approved for the purpose by a medical officer of health” after “quarantined”.

 

17   Section 35 is amended by striking out “the medical officer of health” and substituting “a medical officer of health”.

 

18   Section 36 is amended by striking out “inform the medical officer of health” and substituting “inform a medical officer of health”.

 

19   Section 39(1) is amended by striking out “the medical officer of health” and substituting “a medical officer of health of a regional health authority”.

 

20   Section 40(1)(a) is amended by adding “who issued the certificate” after “medical officer of health”.

 

21   Sections 52.2(1) and 52.81(5) are amended by striking out “the medical officer of health” and substituting “a medical officer of health”.

 

22   Section 56 is amended

                            (a)    in subsection (1) by striking out “diseases” and substituting “infections”;

                           (b)    in subsections (2) and (3) by striking out “the Chief Medical Officer” and substituting “a medical officer of health”.

 

23   Section 66 is amended

                            (a)    in subsection (1)

                                  (i)    in clause (t) by striking out “18.1(2)(c)” and substituting “18.1(2.1)(c) or 18.2(2)(c)”;

                                 (ii)    by adding the following after clause (v):

                                   (v.1)    respecting reporting by health practitioners in respect of immunization;

                                   (v.2)    respecting reporting by health practitioners in respect of adverse events following immunization;

                                   (v.3)    respecting the handling, storage and transportation of biological agents intended for use in immunization, including, without limitation, regulations respecting actions to be taken after a contravention occurs in respect of the handling, storage and transportation of the biological agents;

                                   (v.4)    defining words or expressions used but not defined in this Act;

                           (b)    by repealing subsection (2)(a);

                            (c)    by repealing subsections (3) and (4) and substituting the following:

(3)  A regulation made under subsection (1) or (2) may incorporate, adopt or declare in force a code, standard, guideline, schedule or body of rules, including a code, standard, guideline, schedule or body of rules developed by the Minister, relating to any matter in respect of which a regulation may be made under subsection (1) or (2).

(4)  Where a code, standard, guideline, schedule or body of rules is incorporated, adopted or declared in force by a regulation made under subsection (1) or (2), the Minister shall ensure that a copy of the code, standard, guideline, schedule or body of rules is readily available to the public.

(4.1)  The Regulations Act does not apply to a code, standard, guideline, schedule or body of rules incorporated, adopted or declared in force by a regulation made under subsection (1) or (2).

                           (d)    in subsection (5)

                                  (i)    by adding “, schedule” after “guideline”;

                                 (ii)    by striking out “declared in force under subsection (3) or (4)” and substituting “incorporated, adopted or declared in force by a regulation made under subsection (1) or (2)”.

 

24   Sections 8 and 23(a)(ii) and (b) come into force on Proclamation.