Acts and Regulations

2002-87 - Community Health Centres

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Current to 16 June 2023
NEW BRUNSWICK
REGULATION 2002-87
under the
Regional Health Authorities Act
(O.C. 2002-431)
Filed December 13, 2002
Under section 71 of the Regional Health Authorities Act, the Lieutenant-Governor in Council makes the following Regulation:
2016-27
Citation
1This Regulation may be cited as the Community Health Centres Regulation - Regional Health Authorities Act.
Definitions
2In this Regulation
“Act” means the Regional Health Authorities Act; (Loi)
“board of directors” Repealed: 2016-27
“chief executive officer” means the chief executive officer of a regional health authority; (directeur général)
“clinical record” means a written, electronic or printed record maintained by a regional health authority of the services rendered to a patient and includes a clinical record as set out in section 7; (dossier clinique)
“community health centre patient” means a patient who receives services delivered or provided in or through a community health centre; (patient d’un centre de santé communautaire)
“medical practitioner” means a person lawfully entitled to practise medicine in the Province, and includes a medical officer of His Majesty’s Armed Forces serving in the Province; (médecin)
“medical staff” means medical practitioners and midwives who are appointed by a board to the medical staff of a regional health authority and given privileges;(personnel médical)
“midwife” means a midwife as defined in the Midwifery Act;(sage-femme)
“nurse practitioner” means a person who is registered under the laws of the Province as authorized to practise as a nurse practitioner; (infirmière praticienne)
“nursing assessment” includes observations, interviews, reporting and the administration of specific assessment tools and standardized tests and measures for purposes of(évaluation infirmière)
(a) evaluating the need for services,
(b) assessing an individual patient’s physical, psycho-social, emotional and cognitive health status,
(c) identifying service recipient goals and expected outcomes, and
(d) identifying diagnosis and consequences of health conditions and the extent of services required;
“patient” Repealed: 2016-27
“primary health care” means the first level of contact of individuals, a family or the community with the health system and the first level of a continuing health care process and may include health education, promotion and prevention at the individual or community level, assessment, diagnostic services, intervention and treatment; (soins de santé primaires)
“privileges” means permission granted by a board to(privilèges)
(a) a medical practitioner to render medical care to a patient and to use the diagnostic services in a hospital facility or a community health centre, or
(b) a midwife to render health care to a patient and to use the diagnostic services in a hospital facility or a community health centre;
“rehabilitation services” means services that prevent, eliminate or minimize a loss of function or assist an individual in adapting to a loss of a function for the purposes of achieving well-being, social integration and an optimal level of independence and may include assessment, treatment, health education and consultation; (services de réadaptation)
“social services” means services to provide assessment and intervention to individuals, their families or both in respect of personal, socio-economic or environmental issues related to the individual’s primary health care needs. (services sociaux)
2016-27; 2023, c.17, s.238
Community health services
3The following health services are prescribed for the purposes of the definition “community health services” in section 1 of the Act:
(a) primary health care;
(b) nursing assessment;
(c) rehabilitation services;
(d) social services; and
(e) non-institutional services, including triage, assessment, diagnosis, intervention, treatment, counselling, referral, health education, promotion, prevention, chronic disease management, follow-up and monitoring.
Orders for care
4(1)A medical practitioner, nurse practitioner or midwife shall ensure that each order for care for a community health centre patient is
(a) in writing and attached to the clinical record of the community health centre patient in the section designated for those orders, and
(b) dated and signed by the medical practitioner, nurse practitioner or midwife.
4(2)Notwithstanding subsection (1), a medical practitioner, nurse practitioner or midwife may dictate orders for care by telephone to a person designated by the chief executive officer to take the orders.
4(3)A person to whom an order for care has been dictated by telephone shall transcribe the order, sign it and endorse on it the name of the medical practitioner, nurse practitioner or midwife who dictated the order as well as the date and time of receiving the order and attach it to the clinical record in the section designated for those orders.
4(4)A medical practitioner, nurse practitioner or midwife who dictates an order for care under subsection (2) shall sign the order on the first visit to the community health centre after dictating the order.
2016-27
Orders for care on approved computer systems
5(1)Notwithstanding subsection 4(1), a medical practitioner, nurse practitioner or midwife may make an order for care on a computer system approved by the Minister if the system produces an order for care that is printed, dated and, subject to subsection (3), signed.
5(2)A medical practitioner, nurse practitioner or midwife shall ensure that the printed order for care is attached to the clinical record of the community health centre patient in the section designated for those orders.
5(3)An order for care on an approved computer system shall be deemed to be signed by a medical practitioner, nurse practitioner or midwife when he or she has entered the computer equivalent of his or her signature in the manner approved by the regional health authority.
5(4)Subsections 4(2), (3) and (4) apply with the necessary modifications to an order for care made on an approved computer system.
2016-27
Register
6A regional health authority shall retain a register of each community health service delivered or provided to a community health centre patient.
Clinical records
7(1)A regional health authority shall compile a clinical record for a community health centre patient that includes the following:
(a) identification of the community health centre patient on each document, whether electronic or otherwise, that forms part of the record;
(b) history of present and previous illnesses;
(c) results of physical examination;
(d) reports of
(i) consultations,
(ii) diagnostic tests, and
(iii) therapy provided;
(e) vital signs;
(f) medication sheets and protocols, if appropriate;
(f.1) health care directives;
(g) notes of all health professionals involved in the care of the community health centre patient;
(h) presenting problem or final diagnosis; and
(i) any other information required by the Minister.
7(2)Notwithstanding any other provision in this Regulation, a clinical record is not required for a community health centre patient who receives services as a participant in a group activity.
7(3)A person who prepares any part of a clinical record of a community health centre patient shall complete it within 24 hours after a service is delivered or provided.
2016, c.46, s.24
Release of information
8(1)A clinical record of a community health centre patient shall be kept confidential except under the following circumstances where a copy of the record may be disclosed by the chief executive officer or a person designated by the chief executive officer:
(a) upon the written request of a chief executive officer of another regional health authority when required for the care, diagnosis or treatment of the community health centre patient;
(b) upon the oral request of the community health centre patient’s medical practitioner or midwife who is a member of the medical staff of the regional health authority;
(c) upon the oral request of a nurse practitioner who is attending the community health centre patient and who is an employee of the regional health authority;
(d) upon the written request of the community health centre patient’s medical practitioner or midwife who is not on the medical staff of the regional health authority, unless an emergency situation exists in which case an oral request is sufficient;
(e) upon the written request of the community health centre patient’s nurse practitioner who is not an employee of the regional health authority, unless an emergency situation exists in which case an oral request is sufficient;
(f) to any person, including the community health centre patient, upon the written request of the community health centre patient;
(g) in the event of the death or incapacity of the community health centre patient, upon a written request signed by his or her next of kin or legal representative;
(h) for scientific research that has been approved by the board, for teaching purposes by the medical staff of the regional health authority or for the review of the professional work in a community health centre operated by the regional health authority;
(i) upon the order of a court of competent jurisdiction;
(j) upon the direction of the Minister;
(k) upon the written request of a person designated by the Minister;
(l) upon the written request of a representative of the Workplace Health, Safety and Compensation Commission with respect to cases for which that Commission is responsible; or
(m) upon the written request of the Department of National Defence or Department of Veterans Affairs with respect to a community health centre patient who is a member of the Canadian Armed Forces or who is otherwise eligible to receive services from either department.
8(2)Where a chief executive officer or a person designated by the chief executive officer receives a request under paragraph (1)(d), the chief executive officer or the person shall, in responding to an oral request, require a written request to follow within 24 hours after the oral request.
2016-27
Court order
9A regional health authority shall not permit a clinical record of a community health centre patient to leave possession of the regional health authority except upon order of a court of competent jurisdiction.
Retention and destruction of clinical records
10(1)A regional health authority shall retain a clinical record of a community health centre patient for a minimum of 6 years after the date on which the record was made.
10(2)Notwithstanding subsection (1), a regional health authority shall retain a clinical record of a community health centre patient who is under the age of 19 years for a minimum of 6 years or until the anniversary of his or her twenty-first birthday, whichever is the longer period.
10(3)After the applicable period referred to in subsection (1) or (2), a regional health authority may, with respect to a clinical record of a community health centre patient, destroy charts showing temperature, blood pressure, respiration, vital signs and fluid balance.
10(4)A regional health authority may destroy those parts of a clinical record or those clinical records not destroyed under subsection (3) if the regional health authority prepares, by microfilming, by an electronic storage and retrieval system or by some other method approved by the board, a copy or reproduction of those parts or those clinical records, as the case may be.
10(5)A regional health authority shall prepare a copy or reproduction in accordance with a practice established by the board.
10(6)A regional health authority shall retain a copy or reproduction for 30 years after the date on which the clinical record of a community health centre patient was made.
10(7)A regional health authority may destroy a copy or reproduction after the 30 year period referred to in subsection (6).
10(8)Notwithstanding any other provision in this Regulation, a regional health authority may, after 6 years from the verified death of a community health centre patient, destroy a clinical record of the community health centre patient or any part of it and any copy or reproduction of the record or any part of it.
10(9)A regional health authority shall destroy a clinical record of a community health centre patient or any part of it and a copy or reproduction of the record or any part of it in accordance with a practice established by the board.
2016-27
Commencement
11This Regulation comes into force on December 15, 2002.
N.B. This Regulation is consolidated to June 16, 2023.