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O. Reg. 423/07: Hospital Management

filed July 27, 2007 under Public Hospitals Act, R.S.O. 1990, c. P.40

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ontario regulation 423/07

made under the

public hospitals act

Made: July 20, 2007
Approved: July 25, 2007
Filed: July 27, 2007
Published on e-Laws: August 1, 2007
Printed in The Ontario Gazette: August 11, 2007

Amending Reg. 965 of R.R.O. 1990

(Hospital Management)

1. Subsection 1 (1) of Regulation 965 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:

“critical incident” means any unintended event that occurs when a patient receives treatment in the hospital,

(a) that results in death, or serious disability, injury or harm to the patient, and

(b) does not result primarily from the patient’s underlying medical condition or from a known risk inherent in providing the treatment; (“incident critique”)

2. Section 2 of the Regulation is amended by adding the following subsections:

(4) The board shall ensure that the administrator establishes a system for ensuring the disclosure of every critical incident, as soon as is practicable after the critical incident occurs,

(a) to the affected patient;

(b) if the affected patient is incapable, to a person lawfully authorized to make treatment decisions on behalf of the patient; or

(c) if the affected patient has died,

(i) to the patient’s estate trustee, or to the person who has assumed responsibility for the administration of the patient’s estate, if the estate does not have an estate trustee, or

(ii) to a person who was lawfully authorized to make treatment decisions on behalf of the patient immediately prior to the patient’s death, or who would have been so authorized if the patient had been incapable.

(5) The disclosure referred to in subsection (4) shall include,

(a) the material facts of what occurred with respect to the critical incident;

(b) the consequences for the patient of the critical incident, as they become known; and

(c) the actions taken and recommended to be taken to address the consequences to the patient of the critical incident, including any health care or treatment that is advisable.

(6) Subject to the Quality of Care Information Protection Act, 2004, the board shall ensure that the administrator establishes a system for ensuring that at an appropriate time following a disclosure of a critical incident under subsection (4), there be a disclosure to the person referred to in clauses (a) to (c) of subsection (4) of the systemic steps, if any, that the hospital is taking or has taken in order to avoid or reduce the risk of further similar critical incidents, and that the content and date of this further disclosure be recorded.

3. (1) Subsection 19 (4) of the Regulation is amended by adding the following clause:

(e) reports of any critical incidents with respect to the patient, including the information required to be disclosed under subsection 2 (5), and a record of when any disclosure was made under subsection 2 (4);

(2) Subsection 19 (5) of the Regulation is amended by adding the following clause:

(e) reports of any critical incidents with respect to the patient, including the information required to be disclosed under subsection 2 (5), and a record of when any disclosure was made under subsection 2 (4);

(3) Subsection 19 (6) of the Regulation is revoked and the following substituted:

(6) The medical record of an out-patient who visits the hospital solely for diagnostic procedures need only include,

(a) the orders for the procedures;

(b) any consent to the procedures obtained in writing;

(c) a record of the procedures; and

(d) reports of any critical incidents with respect to the patient, including the information required to be disclosed under subsection 2 (5), and a record of when any disclosure was made under subsection 2 (4).

4. This Regulation comes into force on July 1, 2008.

Made by:
Pris par :

Le ministre de la Santé et des Soins de longue durée,

George Smitherman

Minister of Health and Long-Term Care

Date made: July 20, 2007.
Pris le : 20 juillet 2007.

 

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