Bill 11 - Addiction Treatment Services Licensing Act

BILL 11

Addiction Treatment Services Licensing Act

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

DEFINITIONS AND APPLICATION

Definitions

1 The following definitions apply in this Act.

“addiction” means a behaviour or use of a substance that results in a psychological or physical dependence and continues despite its negative effects. (dépendance)

“bed-based addiction treatment services” means therapeutic approaches or services, provided in a facility where the client resides, designed to assist clients in managing addiction, including services to maintain or improve their mental health and well-being. (services de traitement des dépendances avec hébergement)

“Minister” means the Minister of Health and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“licence holder” means an individual, corporation, unincorporated association, partnership or limited partnership that, directly or through staff members, provides bed-based addiction treatment services under a licence issued under this Act. (titulaire de permis)

“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)

“staff member” means (membre du personnel)

(a) an employee, contractor or volunteer of a licence holder who provides bed-based addiction treatment services on behalf of a licence holder, or

(b) any person, including a physician or other professional person, who has entered into an arrangement with the licence holder to participate in providing bed-based addiction treatment services.

Application

2( 1) This Act does not apply to health services provided directly by a regional health authority or the Minister under the Regional Health Authorities Act.

2( 2) For greater certainty, this Act applies to bed-based addiction treatment services provided by third parties under a contract with the Minister or a regional health authority.

LICENCE

General prohibition

3( 1) No person shall provide or offer bed-based addiction treatment services unless that person holds a licence issued under this Act.

3( 2) The following persons are not required to hold a licence:

(a) a staff member, or

(b) any other person or class of persons exempted by regulation.

Application for licence

4( 1) Any person who meets the eligibility criteria prescribed by regulation may apply to the Minister on a form provided by the Minister for a licence to provide bed-based addiction treatment services.

4( 2) An application for a licence shall be accompanied by

(a) the results of a background check that the applicant has undergone in accordance with section 22, and

(b) the other information and documents prescribed by regulation.

4( 3) No individual who is under 19 years of age may apply for a licence.

4( 4) For greater certainty, only the actual provider of bed-based addiction treatment services may apply for a licence.

Issuance of licence

5 Subject to section 6, on receiving a completed application for a licence, the Minister shall issue a licence to the applicant if the Minister is satisfied that

(a) the applicant will meet the requirements of this Act and the regulations,

(b) the facility where bed-based addiction treatment services are to be provided meets the requirements of this Act and the regulations, and

(c) the bed-based addiction treatment services to be provided by the applicant meet the requirements of this Act and the regulations.

Refusal of application for licence

6( 1) The Minister may refuse an application for a licence in the following circumstances:

(a) the Minister has reasonable grounds to believe that the applicant has knowingly made a false statement in the application or the accompanying documents;

(b) the applicant has been convicted of an offence under the Criminal Code (Canada) that is prescribed by regulation;

(c) the Minister has reasonable grounds to believe that the applicant is not suitable to have contact with clients, including by reason of a conviction for an offence not referred to in paragraph (b); or

(d) the other circumstances prescribed by regulation, if any, exist.

6( 2) If the Minister refuses to approve an application for a licence, the Minister shall provide written reasons for the decision.

Information and posting of licence

7( 1) A licence shall indicate the following information:

(a) the name of the licence holder;

(b) the location of each facility where the licence holder is authorized to provide bed-based addiction treatment services;

(c) the categories of bed-based addiction treatment services that are authorized to be provided under the licence and any applicable restrictions;

(d) any terms or conditions imposed on the licence;

(e) the expiry date of the licence; and

(f) any other information prescribed by regulation.

7( 2) A licence holder shall post the licence

(a) in each facility where bed-based addiction treatment services are provided so that clients can easily see and read the licence,

(b) on its website, if any, and

Term of licence

8( 1) When a licence is issued, the Minister shall set the term of the licence which shall not exceed four years.

8( 2) A licence expires at the end of the term of the licence unless it is renewed.

Assignment or transfer of licence

9 A licence holder shall not assign or transfer to any person, in whole or in part, the rights granted under a licence or under this Act or the regulations.

Restriction on issuance of licence

10 The Minister shall not issue, renew, reinstate or amend a licence unless the Minister is satisfied that any facilities where bed-based addiction treatment services will be provided will comply with all applicable zoning and planning requirements and that the applicant has obtained or will obtain all required licences, permits and approvals.

Application to amend, renew or reinstate a licence

11( 1) A licence holder may apply to the Minister to amend or renew a licence, or a person whose licence was revoked may apply to the Minister to reinstate a licence.

11( 2) An application for the amendment, renewal or reinstatement of a licence shall be submitted to the Minister in accordance with the regulations on a form provided by the Minister and shall be accompanied by the information and documents prescribed by regulation.

11( 3) The provisions of sections 5 and 6 apply with the necessary modifications to an application for the renewal of a licence.

11( 4) The Minister may amend or reinstate a licence on any grounds the Minister considers appropriate.

RESPONSIBILITIES OF A LICENCE HOLDER

Requirements, terms and conditions

12( 1) A licence authorizes the licence holder to provide the bed-based addiction treatment services or categories of bed-based addiction treatment services prescribed by regulation.

12( 2) A licence shall be subject to

(a) the requirements set out in the regulations, and

(b) the terms and conditions imposed by the Minister, if any.

12( 3) The Minister may, at any time after a licence has been issued, vary or rescind a term or condition referred to in paragraph (2)(b) or impose other terms or conditions.

12( 4) A licence holder shall comply with the requirements and the terms and conditions of the licence.

12( 5) If there is a conflict between a requirement set out in the regulations and any term or condition imposed by the Minister, the requirement prevails.

12( 6) A licence holder shall publish, in the places prescribed by regulation, the service level that the licence holder is authorized to provide under the licence together with any other information prescribed by regulation.

12( 7) A licence holder shall ensure that its staff members comply with the service delivery standards to which the licence is subject and meet the requirements referred to in subsection 14(1).

12( 8) A licence holder shall develop written policies on the following matters, ensure compliance with the policies and provide copies of the policies to the Minister on request:

(a) the execution of service contracts with clients and their consent to the provision of bed-based addiction treatment services;

(b) the selection process for staff members; and

12( 9) A licence holder shall undergo a background check in accordance with section 22 with the frequency prescribed by regulation and shall provide a copy of the results to the Minister.

Employability of staff members

13( 1) A licence holder shall not employ or otherwise engage as a staff member a person who has been convicted of an offence under the Criminal Code (Canada) that is prescribed by regulation.

13( 2) For greater certainty, a licence holder may refuse to employ or otherwise engage any person as a staff member if the licence holder has reasonable grounds to believe that the person is unsuitable to have contact with clients, including by reason of a conviction not referred to in subsection (1).

13( 3) For the purposes of subsections (1) and (2), the licence holder shall ensure that the person’s background check is conducted in accordance with section 22 before the person becomes a staff member and thereafter with the frequency prescribed by regulation.

Staff member requirements

14( 1) Staff members shall meet the requirements established by regulation in relation to qualifications, training and experience.

14( 2) The Minister may collect and use the personal information of staff members for the purpose of determining whether the requirements referred to in subsection (1) have been met.

14( 3) The Minister may collect the personal information referred to in subsection (2) either directly from the staff member to whom it relates or indirectly from a licence holder.

14( 4) The Minister may disclose the personal information of a staff member collected under subsection (2) to a licence holder for the purpose of confirming that the requirements referred to in subsection (1) have been met.

Notification of certain situations

15( 1) Subject to subsection (5), any person, including a staff member, who knows or who has reasonable grounds to believe that a situation exists or may exist that is likely to jeopardize the health or security of clients or interfere with the licence holder’s capacity to provide the services authorized by the licence may notify the Minister.

15( 2) Except in the course of judicial or administrative proceedings, no person shall reveal the identity of any person who has notified the Minister of a situation referred to in subsection (1) without first obtaining that person’s written consent.

15( 3) No person shall take a reprisal against any person or direct that one be taken against that person because the person has, in good faith, notified the Minister of a situation referred to in subsection (1).

15( 4) No action, application or other proceeding lies or shall be instituted against a person in relation to anything done or purported to be done in good faith, or in relation to anything omitted to be done in good faith, in the execution or intended execution of the right to notify the Minister of a situation referred to in subsection (1).

15( 5) A licence holder who knows or who has reasonable grounds to believe that a situation exists or may exist that is likely to jeopardize the health or security of clients or interfere with its capacity to provide the services authorized by the licence shall immediately notify the Minister.

Maintenance of books, records and documents

16( 1) The licence holder shall maintain the books, records and documents prescribed by regulation.

16( 2) The licence holder shall provide to the Minister the books, records and documents referred to in subsection (1) and any information required by the Minister, which may include personal information and personal health information, within the time specified by the Minister.

16( 3) No person shall knowingly make a false or misleading statement to the Minister or the Minister’s designate in any communication made under this section or any other provision of this Act or the regulations.

ENFORCEMENT

Amendment, restriction, suspension or revocation of licence

17( 1) The Minister may amend, restrict or suspend a licence for a period specified by the Minister or revoke a licence in the following circumstances:

(a) the Minister is not satisfied that the licence holder is capable of providing bed-based addiction treatment services in accordance with this Act and the regulations;

(b) the Minister has reasonable grounds to believe that the licence holder has knowingly made a false statement in any information the licence holder has provided or in any book, record or document required to be maintained under this Act or the regulations;

(c) after an inspection under section 19 or reasonable inquiry, the Minister is satisfied that the licence holder has violated or failed to comply with a term or condition of the licence, a provision of this Act or the regulations or an order issued under section 20 or 24;

(d) the licence holder does not, to the satisfaction of the Minister, show due diligence in fulfilling the terms and conditions to which the licence is subject or in complying with the provisions of this Act and the regulations;

(e) the licence holder has been convicted of an offence under the Criminal Code (Canada) that is prescribed by regulation;

(f) the Minister has reasonable grounds to believe that the licence holder is not suitable to have contact with clients, including by reason of a conviction not referred to in paragraph (e); or

(g) the other circumstances prescribed by regulation, if any, exist.

17( 2) Subject to section 23, the Minister may revoke a licence on the voluntary surrender of the licence by the licence holder.

17( 3) If the Minister revokes a licence, the holder shall surrender the licence within the time and in the manner specified by the Minister.

17( 4) A person whose licence is revoked shall submit the books, records and documents prescribed by regulation to the Minister within the time specified by the Minister.

Inspectors

18( 1) The Minister may appoint or designate inspectors for the purposes of this Act.

18( 2) The Minister shall issue to every inspector a certificate of appointment or designation.

18( 3) An inspector, in the execution of their duties under this Act or the regulations, shall produce the certificate on request.

Inspections

19( 1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any reasonable time,

(a) enter and inspect any facility where bed-based addiction treatment services are provided and make any examinations or inquiries and conduct any tests that the inspector considers necessary or advisable,

(b) be accompanied and assisted by any person who, in the opinion of the inspector, has special knowledge or expertise,

(d) make inquiries of any person who is or was in the facility,

(e) require the production of books, records and documents at the facility and inspect, examine, make copies, take extracts or remove them,

(f) require a licence holder or their staff member to prepare a list of the names and contact information of their clients and the clients’ substitute decision-makers, if any, as defined in the Personal Health Information Privacy and Access Act,

(g) exercise any other powers conferred and perform any other duties imposed by regulation, and

(h) exercise the powers and perform the duties that are incidental to those set out in paragraphs (a) to (g).

19( 2) An inspector may apply to a judge for an entry warrant under the Entry Warrants Act before or after attempting to effect entry at a facility referred to in paragraph (1)(a).

19( 3) For the purposes of paragraph (1)(a), the inspector shall not enter a private dwelling unless the inspector

(a) is entering with the consent of a person who appears to be an adult and an occupant of the dwelling, or

(b) has obtained an entry warrant under the Entry Warrants Act.

19( 4) No person shall obstruct, interfere with or fail to cooperate with an inspector in the execution of the inspector’s duties under this Act or the regulations.

19( 5) An inspector who removes books, records or documents under paragraph (1)(e) shall give a receipt for the items and return them without delay after making copies or taking extracts.

19( 6) An inspector shall provide a licence holder with a copy of the inspector’s report.

Compliance order

20( 1) If, after an inspection under section 19 or reasonable inquiry, the Minister is of the opinion that the bed-based addiction treatment services are not being provided in compliance with this Act or the regulations or the terms and conditions of the licence, or that a facility where the services are provided does not meet the requirements set out in this Act and the regulations, the Minister may issue an order to the licence holder requiring that

(a) any corrective action specified in the order be taken to remedy the non-compliance,

(b) the provision of a service be suspended until the corrective actions are taken, or

20( 2) An order shall provide reasons and specify the time within which the person shall comply with the order.

20( 3) Subject to subsection (4), the order may be given either orally or in writing.

20( 4) An order that is given orally shall be put into writing without delay, but no later than seven days after it was given.

20( 5) An order in writing may be served personally or mailed by registered mail to the latest known address of the person to whom the order is directed.

20( 6) The Minister may publish the order on the Department of Health website, post the order in any place or order that the licence holder post it in any place.

20( 7) A licence holder who receives notice of an order shall comply with the order within the time specified in the order.

Offences

21( 1) A person who violates or fails to comply with a provision of this Act that is listed in Column 1 of Schedule A commits an offence.

21( 2) For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column 1 of Schedule A is punishable as an offence of the category listed beside it in Column 2 of Schedule A.

21( 3) Subject to subsection (4), a person who violates or fails to comply with a provision of the regulations under this Act commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.

21( 4) For the purposes of Part 2 of the Provincial Offences Procedure Act, a person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.

21( 5) If an offence under this Act or the regulations continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

GENERAL

Background check

22( 1) For the purposes of this Act, a person’s background check is conducted by obtaining a criminal record check and a vulnerable sector check.

22( 2) For the purposes of a background check conducted under paragraph 4(2)(a) and subsection 12(9), the following persons shall be considered an applicant or a licence holder, as the case may be:

(a) in the case of a corporation or unincorporated association, the directors;

(b) in the case of a partnership, the partners; and

Voluntary termination of operations

23( 1) A licence holder that plans to voluntarily terminate its operations or the provision of a service, close a facility or surrender its licence shall submit to the Minister a client transition and continuity of care plan no less than 60 days before the expected date of termination of operations or of the service, closure of the facility or the surrender of the licence.

23( 2) A licence holder shall not take any action referred to in subsection (1) before the transition plan has been approved by the Minister.

Continuity of care

24( 1) On the termination of operations or a provision of a service, the closure of a facility or the suspension, revocation or voluntary surrender of a licence, the licence holder or former licence holder shall collaborate with the Minister to ensure the safe transfer of clients and their continuity of care or their discharge, as the case may be.

24( 2) The Minister may, by order, direct the licence holder or former licence holder to take any measure the Minister considers necessary to protect the health, safety and continuity of care of clients affected by the circumstances referred to in subsection (1).

24( 3) An order under this section shall be in writing and served or mailed by registered mail to the latest known address of the person to whom the order is directed.

24( 4) A person who receives an order shall comply with the order within the time, if any, specified in the order.

Publication by the Minister

25 The Minister may publish information in relation to a licence holder, including,

(a) the name and contact information of the licence holder,

(b) the addresses of all facilities or other places where bed-based addiction treatment services are provided by the licence holder,

(d) the fees charged by the licence holder,

(e) qualifications of staff members,

(f) the results of inspections and inquiries conducted under this Act, and

(g) information regarding

( i) violations of the provisions of this Act or the regulations committed by the licence holder,

( ii) an order issued to the licence holder under this Act, and

( iii) situations of which the Minister has been notified under section 15.

Exemptions

26 On written request by a licence holder, the Minister may exempt the licence holder in writing from a requirement of this Act or the regulations if the Minister is of the opinion that there is an exceptional and extraordinary circumstance that warrants an exemption and that the exemption is in the public interest.

No stay of decision or order

27 An application for judicial review to The Court of Kings Bench of New Brunswick does not stay the operation of any decision or order made under this Act or the regulations unless the judge hearing the application orders otherwise, but the person who made the decision or order may suspend the operation of the decision or order until the judge has rendered a decision.

Immunity

28 No action, application or other proceeding lies or shall be instituted against the Crown in right of the Province, the Minister, an inspector or a person authorized by any of them to act under this Act, or any other person employed or engaged in the administration or enforcement of this Act, in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, in the execution or intended execution of the powers conferred and duties imposed under this Act.

Administration

29 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

Review of the Act

30 No later than five years after the commencement of this Act, the Minister shall undertake a review of the operation of this Act in accordance with the regulations.

Regulations

31( 1) The Lieutenant-Governor in Council may make regulations

(a) prescribing persons or classes of persons exempt from holding a licence for the purposes of paragraph 3(2)(b);

(b) prescribing eligibility criteria for a licence for the purposes of subsection 4(1);

(c) prescribing other information and documents to accompany an application for a licence for the purposes of paragraph 4(2)(b);

(d) prescribing for the purposes of paragraphs 6(1)(b) and 17(1)(e) and subsection 13(1), offences under the Criminal Code (Canada);

(e) prescribing circumstances in which the Minister may refuse an application for a licence for the purposes of paragraph 6(1)(d);

(f) prescribing other information to be indicated on a licence for the purposes of paragraph 7(1)(f);

(g) prescribing other places where a licence shall be posted for the purposes of paragraph 7(2)(c);

(h) prescribing the process to be followed and the information and documents to be provided for an application for amendment, renewal or reinstatement of a licence for the purposes of subsection 11(2);

(i) prescribing the bed-based addiction treatment services or categories of bed-based addiction treatment services authorized to be provided by a licence holder for the purposes of subsection 12(1);

(j) setting out, for the purposes of paragraph 12(2)(a), requirements to which a licence is subject, including

( i) prescribing standards that shall be met by a facility where bed-based addiction treatment services are provided, including standards in relation to health, safety, fire and accessibility for persons with disabilities,

( ii) governing the provision of bed-based addiction treatment services, including prescribing service delivery standards or incorporating them by reference,

( iii) prohibiting or limiting the provision of certain bed-based addiction treatment services or categories of bed-based addiction treatment services,

( iv) governing service contracts between licence holders and clients, and

( v) establishing the responsibilities of licence holders and staff members;

(k) prescribing the places where the licence holder shall publish the service level it is authorized to provide and prescribing other information that shall be published by the licence holder for the purposes of subsection 12(6);

(l) prescribing other matters to be addressed by written policies for the purposes of paragraph 12(8)(c);

(m) prescribing the frequency of background checks of the licence holder for the purposes of subsection 12(9);

(n) prescribing the frequency of background checks of staff members for the purposes of subsection 13(3);

(o) establishing requirements respecting the qualifications, training and experience of staff members for the purposes of subsection 14(1);

(p) for the purposes of subsection 16(1),

( i) prescribing the books, records and documents to be maintained by a licence holder, including

( A) financial documents,

( B) client records,

( C) records of staff members, and

( D) records of persons considered a licence holder under subsection 22(2),

( ii) specifying the manner of preparing and maintaining books, records and documents, including the form in which and the period for which the books, records and documents are to be maintained, and

( iii) prescribing measures to ensure the confidentiality of information;

(q) prescribing other circumstances, for the purposes of paragraph 17(1)(g), in which the Minister may amend, suspend or revoke a licence, or in which the Minister may impose restrictions;

(r) prescribing books, records and documents that shall be submitted to the Minister for the purposes of subsection 17(4);

(s) conferring powers or imposing duties on an inspector for the purposes of paragraph 19(1)(g);

(t) prescribing, for the purposes of subsection 21(4), provisions of the regulations that the violation of which or the failure to comply with constitute an offence;

(u) with respect to offences referred to in paragraph (t), prescribing the categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;

(v) prescribing fees chargeable by the Minister for the purposes of this Act and the regulations;

(w) prescribing forms and authorizing the Minister to provide forms for the purposes of this Act and the regulations;

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

(y) governing the review of this Act for the purposes of section 30;

(z) respecting any other matter that may be necessary for the proper administration of this Act.

31( 2) Regulations may vary for or be made in respect of different persons, licences, facilities, matters, activities or things, or different classes or categories of persons, licences, facilities, matters, activities or things.

31( 3) A regulation authorized by this section may be general or particular in its application, may be limited as to time or place, or both, and may exclude any place from the application of the regulation.

TRANSITIONAL PROVISIONS,
CONSEQUENTIAL AMENDMENTS
AND COMMENCEMENT

Transitional provisions

32( 1) Any person who, immediately before the date of the commencement of this section, provides bed-based addiction treatment services shall comply with the provisions of this Act within 12 months of the date of commencement.

32( 2) A person referred to in subsection (1) who has undergone an initial background check after the date prescribed by regulation is deemed to have complied with paragraph 4(2)(a).

32( 3) A person referred to in subsection (1) who has obtained an initial background check of a staff member after the date prescribed by regulation is deemed to have complied with subsection 13(3).

32( 4) For the purposes of subsections (2) and (3), the Lieutenant-Governor in Council may by regulation prescribe the earliest date on or after which an initial background check may be conducted, which date may be before the date of the commencement of this section.

Personal Health Information Privacy and Access Act

33 Section 1 of the Personal Health Information Privacy and Access Act, chapter P-7.05 of the Acts of New Brunswick, 2009, is amended in the definition “custodian” by adding after paragraph (h) the following:

(h.1) licence holders as defined in the Addiction Treatment Services Licensing Act,

Child, Youth and Senior Advocate Act

34 Schedule A of the Child, Youth and Senior Advocate Act, chapter C-2.7 of the Acts of New Brunswick, 2007, is amended by adding after section 8 the following:

8.1 Licence holders as defined in the Addiction Treatment Services Licensing Act

Commencement

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

SCHEDULE A

Column 1		Column 2
Section		Category of Offence
	3(1) ...............		F
	7(2) ...............		C
	12(4) ...............		E
	12(6) ...............		E
	12(7) ...............		F
	12(8) ...............		E
	12(9) ...............		F
	13(1) ...............		F
	13(3) ...............		F
	15(2) ...............		F
	15(5) ...............		H
	16(1) ...............		E
	16(2) ...............		E
	16(3) ...............		F
	17(3) ...............		C
	17(4) ...............		E
	19(4) ...............		E
	20(7) ...............		F
	23(1) ...............		E
	23(2) ...............		H
	24(1) ...............		F
	24(4) ...............		H