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Emergency Management and Civil Protection Act

ONTARIO REGULATION 272/21

TRANSFER OF HOSPITAL PATIENTS

Consolidation Period: From June 2, 2021 to the e-Laws currency date.

Note: This Order is revoked on June 16, 2021, unless it is extended. (See s. 7.0.8 of the Act and O. Reg. 25/21, Sched. 1, s. 1)

Last amendment: 389/21.

Legislative History: 319/21, 389/21.

This is the English version of a bilingual regulation.

1. The terms of this Order are set out in Schedule 1.

Schedule 1
Transfers

Definitions

1. For the purposes of this Order,

“alternate hospital site” means, with respect to a hospital,

(a)  a different location or site of the same hospital, or

(b)  a different hospital; (“autre site hospitalier”)

“attending clinician” means, within a hospital,

(a)  the attending physician, registered nurse in the extended class or midwife or, if the attending dentist is an oral and maxillofacial surgeon, the attending dentist, or

(b)  a member of the medical, extended class nursing, dental or midwifery staff of the hospital that is designated by a person referred to in clause (a); (“clinicien traitant”)

“hospital” means a health service provider within the meaning of paragraph 1, 2 or 3 of the definition of “health service provider” in subsection 1 (2) of the Connecting Care Act, 2019; (“hôpital”)

“major surge event” means an increase in demand for critical care resources of a hospital that is attributable to COVID-19 and which is overwhelming, or imminently threatens to overwhelm, the critical care resources of one or more hospitals; (“situation d’engorgement majeur”)

“resources” includes health human resources, services, equipment and supplies; (“ressources”)

“substitute decision-maker” means a person who is authorized under the Health Care Consent Act, 1996 or the Substitute Decisions Act, 1992 to give or refuse consent or make a decision on behalf of another person. (“mandataire spécial”)

Hospitals

2. (1) Subject to subsection (2), a hospital is authorized to transfer a patient to an alternate hospital site, and where the alternate hospital site is operated by a different hospital, the receiving hospital is authorized to admit that patient, whether or not the transfer has been consented to by the patient or, if the patient is incapable, the patient’s substitute decision-maker.

(2) A hospital may not transfer a patient to an alternate hospital site under subsection (1) unless the following conditions are met:

1.  The transfer is necessary to,

i.  respond to a major surge event,

ii.  enable the hospital to optimize the availability of its critical care and acute care resources, or assist another hospital in optimizing the availability of such resources, and

iii.  reduce a foreseeable risk of serious bodily harm to a person.

2.  Efforts have been made that are reasonable in the circumstances to obtain consent to the transfer from the patient or, if the patient is incapable, their substitute decision-maker.

3.  The attending clinician is satisfied that the patient can receive the care that the patient requires at the alternate hospital site and that the transfer can be effected without compromising the patient’s medical condition.

4.  Where a proposed transfer is to a different hospital, a member of the medical, extended class nursing, dental or midwifery staff at the receiving hospital is prepared to issue an order to admit the patient to that hospital.

2.1, 2.2 Revoked: O. Reg. 389/21, s. 2.

Disclosure of information

3. (1) Where a hospital transfers a patient to a different hospital in accordance with subsection 2 (1), the hospital is authorized to disclose to the receiving hospital any information, including personal health information, that is necessary to facilitate the provision of care to the patient.

(2), (3) Revoked: O. Reg. 389/21, s. 3.

Transfer back

4. In the case of patients who have been transferred to an alternate hospital site, as soon as possible following the conclusion of the major surge event, the alternate hospital site shall make reasonable efforts to transfer the patient back to the original hospital site or to another suitable care location which is consented to by the patient or, where the patient is incapable, the substitute decision-maker.

Application

5. (1) This Order applies despite any other statute, regulation, order, policy, arrangement or agreement, including the Public Hospitals Act, the Health Care Consent Act, 1996, the Substitute Decisions Act, 1992, the Mental Health Act, the Personal Health Information Protection Act, 2004, and any policies, practice standards or guidelines made by a college under the Regulated Health Professions Act, 1991.

(2) Revoked: O. Reg. 389/21, s. 4 (2).

O. Reg. 319/21, s. 1; O. Reg. 389/21, s. 1-4.

 

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