Bill 35 - Health Quality and Patient Safety Act

BILL 35

Health Quality and Patient Safety Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions

1 The following definitions apply in this Act.

“health care organization” means (organisme de soins de santé)

(a) a regional health authority,

(b) Ambulance New Brunswick Inc., and

“patient safety incident” means an unintended event that (incident lié à la sécurité d’un patient)

(a) occurs when health services are received by a patient, and

(b) contributes to or results in, or could have contributed to or resulted in, harm to the patient or the death of the patient.

“regional health authority” means a regional health authority as defined in the Regional Health Authorities Act. (régie régionale de la santé)

Quality of care and safety of patients committee

2( 1) The following definitions apply in this section.

“personal health information” means personal health information as defined in the Personal Health Information Privacy and Access Act. (renseignements personnels sur la santé)

“personal information” means personal information as defined in the Right to Information and Protection of Privacy Act. (renseignements personnels)

2( 2) A health care organization shall establish and maintain a quality of care and safety of patients committee.

2( 3) A quality of care and safety of patients committee shall perform the following duties:

(a) conduct quality reviews of patient safety incidents and other incidents reported to it under section 3; and

(b) after a review has been conducted, report the relevant facts of the incident and its recommendations to the board of directors of the health care organization for the purposes of improving the quality of health care and the safety of patients and to prevent the occurrence of similar incidents.

2( 4) A report made under paragraph (3)(b) shall not contain personal information or personal health information.

Patient safety incidents and other incidents

3( 1) As soon as possible after a patient safety incident occurs, the health care organization that provided the health services shall notify the quality of care and safety of patients committee and the patient involved.

3( 2) If an incident occurs that could have resulted in a patient safety incident and the health care organization determines that there is an ongoing safety risk to patients, the health care organization shall notify the quality of care and safety of patients committee.

3( 3) In its discretion, a health care organization may notify the quality of care and safety of patients committee of any other incident that could have resulted in a patient safety incident.

Notice to patient

4 After a quality review of a patient safety incident has been conducted by the quality of care and safety of patients committee, the health care organization shall notify the patient of

(a) the relevant facts of the incident,

(b) the recommendations of the quality of care and safety of patients committee, and

Non-retaliation

5 No person shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage a person by reason that the latter has disclosed information to a health care organization or a quality of care and safety of patients committee in connection with a patient safety incident or other incident referred to in section 3.

Confidentiality of information

6 Despite the Right to Information and Protection of Privacy Act, a statement, declaration, record or document provided to the quality of care and safety of patients committee in the course of a quality review is confidential and shall not be communicated to any person.

Inadmissibility of evidence

7 Except on the trial of any person for an offence in respect of the person’s sworn testimony, no statement made or answer or evidence given by that or any other person in the course of any quality review by the quality of care and safety of patients committee is admissible in evidence against any person in any court or at any inquiry or in any other proceedings.

Apologies

8( 1) The following definitions apply in this section.

“apology” means an expression of sympathy or regret, a statement that one is sorry or any other words or actions indicating contrition or commiseration, whether or not the words or actions admit or imply an admission of fault in connection with the incident to which the words or actions relate. (excuses)

“dental practitioner” means a person lawfully entitled to practise dentistry in the Province. (dentiste)

“medical practitioner” means a person lawfully entitled to practise medicine in the Province. (médecin)

“medical staff” means medical practitioners, oral and maxillofacial surgeons, dental practitioners and midwives who are appointed by a board of directors 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)

“oral and maxillofacial surgeon” means a dental practitioner whose name is entered in the specialists register and who is the holder of a specialist’s licence in oral and maxillofacial surgery issued under the New Brunswick Dental Act, 1985. (chirurgien buccal et maxillo-facial)

8( 2) A member of the medical staff, an employee of a health care organization or a health care organization may make an apology in connection with a patient safety incident or other incident referred to in section 3 and the apology

(a) does not constitute, in law, an express or implied admission of fault or liability by the person in connection with the incident,

(b) despite any wording to the contrary in any contract of insurance or indemnity and despite any other Act or law, does not void, impair or otherwise affect any insurance or indemnity coverage for any person in connection with the incident, and

8( 3) Despite any other Act or law, evidence of an apology by a member of the medical staff, an employee of a health care organization or a health care organization in connection with a patient safety incident or other incident referred to in section 3 is not admissible in any civil proceeding, administrative proceeding or arbitration as evidence of the fault or liability of any person in connection with the incident.

Offences

9( 1) A person who violates or fails to comply with section 5 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category H offence.

9( 2) A person who violates or fails to comply with section 6 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category J offence.

Regulations

10 The Lieutenant-Governor in Council may make regulations

(a) prescribing organizations for the purposes of the definition “health care organization” in section 1;

(b) providing for appointments to the quality of care and safety of patients committees, including the size and composition of the committees and establishing procedures of the committees;

(c) providing for the content of reports under paragraph 2(3)(b), as well as the manner of and time period for providing the reports;

(d) prescribing the manner of notification under section 3;

(e) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

(f) governing any matter that the Lieutenant-Governor in Council considers necessary for the administration of this Act.

Child and Youth Advocate Act

11 Subsection 22(4) of the Child and Youth Advocate Act, chapter C-2.7 of the Acts of New Brunswick, 2007, is amended by adding after paragraph (d) the following:

(d.1) information protected from disclosure by section 6 of the Health Quality and Patient Safety Act;

Ombudsman Act

12 Subsection 19.2(3) of the Ombudsman Act, chapter O-5 of the Revised Statutes, 1973, is amended by adding after paragraph (d) the following:

(d.1) information protected from disclosure by section 6 of the Health Quality and Patient Safety Act;

Commencement

13 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.