Third Session, Thirty-Eighth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
Bill 43
THE REGULATED HEALTH PROFESSIONS STATUTES AMENDMENT ACT
Explanatory Note |
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PART 1
THE CHIROPRACTIC ACT
The Chiropractic Act is amended by this Part.
The definition "minister" in section 1 is replaced with the following:
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)
The following is added after section 8:
Despite anything in this Act or the regulations, the board may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise chiropractic in another jurisdiction in Canada or the United States to practise chiropractic in the province during an emergency, if the minister gives the board written notice that
(a) a public health emergency exists in all or part of the province; and
(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a chiropractor from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The board may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
If necessary to carry out the intent of this section, the board may authorize the registrar to issue a licence to a person allowed to practise under subsection (1), on such terms and conditions as the board may determine.
Subsection 53.1(1) is amended by striking out "Every" and substituting "Subject to section 53.2, every".
Clause 53.1(1)(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 53.1:
Registrar to collect information
In addition to any other information maintained in administering this Act, the registrar must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.
Minister may require information
The minister may request in writing that the registrar provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to administer programs respecting payment for professional services under The Health Services Insurance Act;
(c) to generate information in non-identifying form for statistical purposes.
Registrar to provide information to minister
The registrar must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 2
THE DENTAL ASSOCIATION ACT
The Dental Association Act is amended by this Part.
The following is added after section 15:
Despite anything in this Act or the regulations, the board may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise dentistry in another jurisdiction in Canada or the United States to practise dentistry in the province during an emergency if the minister gives the board written notice that
(a) a public health emergency exists in all or part of the province; and
(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a dentist from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The board may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
If necessary to carry out the intent of this section, the board may authorize the registrar to issue a licence to a person allowed to practise under subsection (1), on such terms and conditions as the board may determine.
Subsection 36.1(1) is amended by striking out "Every" and substituting "Subject to section 36.2, every".
Clause 36.1(1)(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 36.1:
Registrar to collect information
In addition to any other information maintained in administering this Act, the registrar must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.
Minister may require information
The minister may request in writing that the registrar provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to administer programs respecting payment for professional services under The Health Services Insurance Act;
(c) to generate information in non-identifying form for statistical purposes.
Registrar to provide information to minister
The registrar must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 3
THE DENTURISTS ACT
The Denturists Act is amended by this Part.
Subsection 21.1(1) is amended by striking out "Every" and substituting "Subject to section 21.2, every".
Clause 21.1(1)(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 21.1:
In addition to any other information maintained in administering this Act, the board must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the board with the information required under subsection (1), in the form and at the time set by the board.
Minister may require information
The minister may request in writing that the board provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to generate information in non-identifying form for statistical purposes.
Board to provide information to minister
The board must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the board.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 4
THE LICENSED PRACTICAL NURSES ACT
The Licensed Practical Nurses Act is amended by this Part.
The following is added after section 9:
Despite anything in this Act or the regulations, the board may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise practical nursing in another jurisdiction in Canada or the United States to practise practical nursing in the province during an emergency, if the minister gives the board written notice that
(a) a public health emergency exists in all or part of the province; and
(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a licensed practical nurse from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The board may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
If necessary to carry out the intent of this section, the board may authorize the executive director to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the board may determine.
Section 63 is amended by striking out "Every" and substituting "Subject to section 63.1, every".
Clause 63(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 63:
Executive director to collect information
In addition to any other information maintained in administering this Act, the executive director must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the executive director with the information required under subsection (1), in the form and at the time set by the executive director.
Minister may require information
The minister may request in writing that the executive director provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to generate information in non-identifying form for statistical purposes.
Executive director to provide information to minister
The executive director must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the executive director.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 5
THE MEDICAL ACT
The Medical Act is amended by this Part.
The following is added after section 13:
Despite anything in this Act or the regulations, the council may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise medicine in another jurisdiction in Canada or the United States to practise medicine in the province during an emergency if the minister gives the council written notice that
(a) a public health emergency exists in all or part of the province; and
(b) after consulting with public health officials and any other persons that the minister considers advisable, he or she has determined that the services of a physician from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The council may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
If necessary to carry out the intent of this section, the council may direct the registrar to issue a licence to a person allowed to practise under subsection (1), on such terms and conditions as the council may determine.
The following definition is added after subsection 19.1(1):
In this section, "member" means
(a) a licensed member who is practising in Manitoba; and
(b) a person whose licence is suspended.
Subclause 19.1(2)(a)(v) is replaced with the following:
(v) a description of any offence that is reasonably related to the member's competence or to the safe practice of medicine of which the member has been found guilty, within the time period specified in the regulations, under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada),
Clause 59.5(b) is amended by striking out "this Act or the by-laws" and substituting "this Act, the regulations, the by-laws".
Subsection 63(1) is amended by striking out "Every" and substituting "Subject to section 63.1, every".
Clause 63(1)(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 63:
Registrar to collect information
In addition to any other information maintained in administering this Act, the registrar must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and licence renewal.
A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.
Minister may require information
The minister may request in writing that the registrar provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to administer programs respecting payment for professional services under The Health Services Insurance Act;
(c) to generate information in non-identifying form for statistical purposes.
Registrar to provide information to minister
The registrar must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 6
THE MEDICAL LABORATORY TECHNOLOGISTS ACT
The Medical Laboratory Technologists Act, as enacted by S.M. 2002, c. 12, is amended by this Part.
The following is added after section 9:
Despite anything in this Act or the regulations, the board of assessors may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise medical laboratory technology in another jurisdiction in Canada or the United States to practise medical laboratory technology in the province during an emergency, if the minister gives the board of assessors written notice that
(a) a public health emergency exists in all or part of the province; and
(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a medical laboratory technologist from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The board of assessors may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
If necessary to carry out the intent of this section, the board of assessors may authorize the registrar to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the board of assessors may determine.
Section 60 is amended by striking out "Every" and substituting "Subject to section 60.1, every".
Clause 60(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 60:
Registrar to collect information
In addition to any other information maintained in administering this Act, the registrar must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.
Minister may require information
The minister may request in writing that the registrar provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to generate information in non-identifying form for statistical purposes.
Registrar to provide information to minister
The registrar must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 7
THE MIDWIFERY ACT
The Midwifery Act is amended by this Part.
The following is added after section 12:
Despite anything in this Act or the regulations, the board of assessors may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise midwifery in another jurisdiction in Canada or the United States to practise midwifery in the province during an emergency, if the minister gives the board of assessors written notice that
(a) a public health emergency exists in all or part of the province; and
(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a midwife from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The board of assessors may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
If necessary to carry out the intent of this section, the board of assessors may authorize the registrar to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the council may determine.
Section 60.1 is amended by striking out "Every" and substituting "Subject to section 60.2, every".
Clause 60.1(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 60.1:
Registrar to collect information
In addition to any other information maintained in administering this Act, the registrar must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.
Minister may require information
The minister may request in writing that the registrar provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to administer programs respecting payment for professional services under The Health Services Insurance Act;
(c) to generate information in non-identifying form for statistical purposes.
Registrar to provide information to minister
The registrar must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 8
THE NATUROPATHIC ACT
The Naturopathic Act is amended by this Part.
Section 1 is amended by adding the following definition:
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)
The following is added after section 11:
Despite anything in this Act or the regulations, the board may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise naturopathy in another jurisdiction in Canada or the United States to practise naturopathy in the province during an emergency, if the minister gives the board written notice that
(a) a public health emergency exists in all or part of the province; and
(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a naturopath from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The board may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
If necessary to carry out the intent of this section, the board may issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the board may determine.
Subsection 25(1) is amended by striking out "Every" and substituting "Subject to section 26, every".
Clause 25(1)(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 25:
In addition to any other information maintained in administering this Act, the board must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the board with the information required under subsection (1), in the form and at the time set by the board.
Minister may require information
The minister may request in writing that the board provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to generate information in non-identifying form for statistical purposes.
Board to provide information to minister
The board must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the board.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 9
THE OCCUPATIONAL THERAPISTS ACT
The Occupational Therapists Act, as enacted by S.M. 2002, c.17, is amended by this Part.
The following is added after section 9:
Despite anything in this Act or the regulations, the council may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise occupational therapy in another jurisdiction in Canada or the United States to practise occupational therapy in the province during an emergency, if the minister gives the council written notice that
(a) a public health emergency exists in all or part of the province; and
(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of an occupational therapist from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The council may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
If necessary to carry out the intent of this section, the council may authorize the registrar to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the council may determine.
Section 62 is amended by striking out "Every" and substituting "Subject to section 62.1, every".
Clause 62(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 62:
Registrar to collect information
In addition to any other information maintained in administering this Act, the registrar must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.
Minister may require information
The minister may request in writing that the registrar provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to generate information in non-identifying form for statistical purposes.
Registrar to provide information to minister
The registrar must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 10
THE OPTICIANS ACT
The Opticians Act is amended by this Part.
Section 1 is amended by adding the following definition:
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)
Subsection 25(1) is amended by striking out "Every" and substituting "Subject to section 26, every".
Clause 25(1)(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 25:
Registrar to collect information
In addition to any other information maintained in administering this Act, the registrar must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.
Minister may require information
The minister may request in writing that the registrar provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to generate information in non-identifying form for statistical purposes.
Registrar to provide information to minister
The registrar must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 11
THE OPTOMETRY ACT
The Optometry Act is amended by this Part.
Section 1 is amended by adding the following definition:
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)
The following is added after section 11:
Despite anything in this Act or the regulations, the board of examiners may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise optometry in another jurisdiction in Canada or the United States to practise optometry in the province during an emergency, if the minister gives the board of examiners written notice that
(a) a public health emergency exists in all or part of the province; and
(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of an optometrist from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The board of examiners may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
Certificate of registration or licence
If necessary to carry out the intent of this section, the board of examiners may authorize the registrar to issue a certificate and to issue an optometric drug licence to a person allowed to practise under subsection (1), on such terms and conditions as the board of examiners may determine.
Subsection 22(1) is amended by striking out "Every" and substituting "Subject to section 23, every".
Clause 22(1)(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 22:
Registrar to collect information
In addition to any other information maintained in administering this Act, the registrar must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the registrar with the information required under subsection (1) in the form and at the time set by the registrar.
Minister may require information
The minister may request in writing that the registrar provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to administer programs respecting payment for professional services under The Health Services Insurance Act;
(c) to generate information in non-identifying form for statistical purposes.
Registrar to provide information to minister
The registrar must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 12
THE PHARMACEUTICAL ACT
The Pharmaceutical Act is amended by this Part.
The following is added after section 10:
Despite anything in this Act or the regulations, the council may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise pharmacy in another jurisdiction in Canada or the United States to practise pharmacy in the province during an emergency, if the minister gives the council written notice that
(a) a public health emergency exists in all or part of the province; and
(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a pharmacist from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The council may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
Certificate of registration or licence
If necessary to carry out the intent of this section, the council may authorize the registrar to issue a certificate of registration and a licence to a person allowed to practise under subsection (1), on such terms and conditions as the council may determine.
Section 63.1 is amended by striking out "Every" and substituting "Subject to section 63.2, every".
Clause 63.1(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 63.1:
Registrar to collect information
In addition to any other information maintained in administering this Act, the registrar must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.
Minister may require information
The minister may request in writing that the registrar provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to generate information in non-identifying form for statistical purposes.
Registrar to provide information to minister
The registrar must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 13
THE PHYSIOTHERAPISTS ACT
The Physiotherapists Act is amended by this Part.
The following is added after section 9:
Despite anything in this Act or the regulations, the board of assessors may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise physiotherapy in another jurisdiction in Canada or the United States to practise physiotherapy in the province during an emergency, if the minister gives the board of assessors written notice that
(a) a public health emergency exists in all or part of the province; and
(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a physiotherapist from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The board of assessors may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
If necessary to carry out the intent of this section, the board of assessors may authorize the registrar to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the board of assessors may determine.
Section 62 is amended by striking out "Every" and substituting "Subject to section 62.1, every".
Clause 62(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 62:
Registrar to collect information
In addition to any other information maintained in administering this Act, the registrar must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.
Minister may require information
The minister may request in writing that the registrar provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to generate information in non-identifying form for statistical purposes.
Registrar to provide information to minister
The registrar must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 14
THE PODIATRISTS ACT
The Podiatrists Act is amended by this Part.
The following is added after section 9:
Despite anything in this Act or the regulations, the council may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise podiatry in another jurisdiction in Canada or the United States to practise podiatry in the province during an emergency, if the minister gives the council written notice that
(a) a public health emergency exists in all or part of the province; and
(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a podiatrist from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The council may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
If necessary to carry out the intent of this section, the council may authorize the registrar to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the council may determine.
Section 60 is amended by striking out "Every" and substituting "Subject to section 60.1, every".
Clause 60(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 60:
Registrar to collect information
In addition to any other information maintained in administering this Act, the registrar must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.
Minister may require information
The minister may request in writing that the registrar provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to generate information in non-identifying form for statistical purposes.
Registrar to provide information to minister
The registrar must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 15
THE PSYCHOLOGISTS REGISTRATION ACT
The Psychologists Registration Act is amended by this Part.
Section 1 is amended by adding the following definition:
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
The following is added after section 9.1:
Despite anything in this Act or the regulations, the council may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise psychology in another jurisdiction in Canada or the United States to practise psychology in the province during an emergency, if the minister gives the council written notice that
(a) a public health emergency exists in all or part of the province; and
(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a psychologist from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The council may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
If necessary to carry out the intent of this section, the council may authorize the registrar to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the council may determine.
Subsection 16(1) is amended by striking out "Every" and substituting "Subject to section 17, every".
Clause 16(1)(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 16:
Registrar to collect information
In addition to any other information maintained in administering this Act, the registrar must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.
Minister may require information
The minister may request in writing that the registrar provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to generate information in non-identifying form for statistical purposes.
Registrar to provide information to minister
The registrar must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 16
THE REGISTERED DIETITIANS ACT
The Registered Dietitians Act is amended by this Part.
The following is added after section 9:
Despite anything in this Act or the regulations, the board of assessors may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise dietetics in another jurisdiction in Canada or the United States to practise dietetics in the province during an emergency, if the minister gives the board of assessors written notice that
(a) a public health emergency exists in all or part of the province; and
(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a dietitian from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The board of assessors may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
If necessary to carry out the intent of this section, the board of assessors may authorize the registrar to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the board of assessors may determine.
Section 62 is amended by striking out "Every" and substituting "Subject to section 62.1, every".
Clause 62(a) is amended by adding ", or is required to be disclosed" after "public".
The following is added after section 62:
Registrar to collect information
In addition to any other information maintained in administering this Act, the registrar must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.
Minister may require information
The minister may request in writing that the registrar provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to generate information in non-identifying form for statistical purposes.
Registrar to provide information to minister
The registrar must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 17
THE REGISTERED NURSES ACT
The Registered Nurses Act is amended by this Part.
The following is added after section 9:
Despite anything in this Act or the regulations, the board may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise nursing as a registered nurse in another jurisdiction in Canada or the United States to practise nursing in the province during an emergency, if the minister gives the board written notice that
(a) a public health emergency exists in all or part of the province; and
(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a registered nurse from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The board may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
If necessary to carry out the intent of this section, the board may authorize the executive director to issue a certificate of practice to a person allowed to practise under subsection (1), on such terms and conditions as the board may determine.
Section 62 is amended by striking out "Every" and substituting "Subject to section 62.1, every".
Clause 62(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 62:
Executive director to collect information
In addition to any other information maintained in administering this Act, the executive director must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the executive director with the information required under subsection (1), in the form and at the time set by the executive director.
Minister may require information
The minister may request in writing that the executive director provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to administer programs respecting payment for professional services under The Health Services Insurance Act;
(c) to generate information in non-identifying form for statistical purposes.
Executive director to provide information to minister
The executive director must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the executive director.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 18
THE REGISTERED PSYCHIATRIC NURSES ACT
The Registered Psychiatric Nurses Act is amended by this Part.
The following is added after section 9:
Despite anything in this Act or the regulations, the board may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise psychiatric nursing in another jurisdiction in Canada or the United States to practise psychiatric nursing in the province during an emergency, if the minister gives the board written notice that
(a) a public health emergency exists in all or part of the province; and
(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a registered psychiatric nurse from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The board may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
If necessary to carry out the intent of this section, the board may authorize the executive director to issue a certificate of registration to a person allowed to practise under subsection (1), on such terms and conditions as the board may determine.
Section 63 is amended by striking out "Every" and substituting "Subject to section 63.1, every".
Clause 63(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 63:
Executive director to collect information
In addition to any other information maintained in administering this Act, the executive director must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the executive director with the information required under subsection (1), in the form and at the time set by the executive director.
Minister may require information
The minister may request in writing that the executive director provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to generate information in non-identifying form for statistical purposes.
Executive director to provide information to minister
The executive director must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the executive director.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 19
THE REGISTERED RESPIRATORY THERAPISTS ACT
The Registered Respiratory Therapists Act is amended by this Part.
The following is added after section 10:
Despite anything in this Act or the regulations, the board may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise respiratory therapy in another jurisdiction in Canada or the United States to practise respiratory therapy in the province during an emergency, if the minister gives the board written notice that
(a) a public health emergency exists in all or part of the province; and
(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a respiratory therapist from outside the province are required to assist in dealing with the emergency.
Emergency need not be declared
The board may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.
If necessary to carry out the intent of this section, the board may authorize the registrar to issue a certificate of membership to a person allowed to practise under subsection (1), on such terms and conditions as the board may determine.
Subsection 56(1) is amended by striking out "Every" and substituting "Subject to section 57, every".
Clause 56(1)(a) is amended by adding ", or is required to be disclosed," after "public".
The following is added after section 56:
Registrar to collect information
In addition to any other information maintained in administering this Act, the registrar must collect and record each member's
(a) date of birth;
(b) sex; and
(c) education or training, as required for registration and renewal of registration.
A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.
Minister may require information
The minister may request in writing that the registrar provide information on members including personal information contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:
(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;
(b) to generate information in non-identifying form for statistical purposes.
Registrar to provide information to minister
The registrar must provide the minister with the information including personal information requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.
Minister may disclose information
Despite any other provision of this Act or any provision of another Act or a regulation, the minister may
(a) disclose in non-identifying form information provided under subsection (4) to any entity authorized to receive it under subsection (6); and
(b) impose conditions respecting the use, retention and further disclosure of the information.
An entity must comply with any conditions imposed by the minister.
The following entities are authorized to receive information in non-identifying form under subsection (5):
(a) a regional health authority established or continued under The Regional Health Authorities Act;
(b) Regional Health Authorities of Manitoba, Inc.;
(c) CancerCare Manitoba;
(d) The Manitoba Centre for Health Policy;
(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).
PART 20
COMING INTO FORCE
This Act, except Parts 6 and 9, comes into force on September 1, 2005, and if it receives royal assent after that day, it is deemed to have come into force on September 1, 2005.
Part 6 comes into force on September 1, 2005, or on the day that The Medical Laboratory Technologists Act, S.M. 2002, c. 12, comes into force, whichever is later.
Part 9 comes into force on September 1, 2005, or on the day that The Occupational Therapists Act, S.M. 2002, c. 17, comes into force, whichever is later.