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"Point in Time" Regulation Content

Hospital Act

Hospital Act Regulation

B.C. Reg. 121/97

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 December 1, 2013
Section 2 September 26, 2012
Section 5 September 26, 2012
Section 7 September 26, 2012
September 4, 2018
August 31, 2020
September 1, 2020
September 20, 2020
Section 8 September 26, 2012
Section 11.1 September 20, 2016
Section 13 December 1, 2013
Section 15 September 26, 2012
September 4, 2018
September 1, 2020
Section 18 September 20, 2016
Section 21 December 1, 2013

 Section 1 definition of "Act" was added by BC Reg 206/2013, effective December 1, 2013.

 Section 2 (c) was added by BC Reg 279/2012, effective September 26, 2012.

 Section 5 BEFORE reenacted by BC Reg 279/2012, effective September 26, 2012.

 Bylaws respecting health care responsibilities

5  A hospital's board must provide in the bylaws of its medical staff a procedure under which

(a) the responsibility for medical care of a patient who is admitted by a medical practitioner

(i)  is assumed, throughout the patient's stay in the hospital, by an attending medical practitioner on the medical staff, and

(ii)  may be transferred from one medical practitioner on the medical staff to another,

(b) the responsibility for midwifery care of a patient who is admitted by a midwife

(i)  is assumed, throughout the patient's stay in the hospital, by an attending midwife on the medical staff, and

(ii)  may be transferred

(A)  from one midwife on the medical staff to another, or

(B)  when necessary, to a medical practitioner on the medical staff, and

(c) the responsibility for dental care of a patient

(i)  is assumed, throughout the patient's stay in the hospital, by an attending dentist on the medical staff, and

(ii)  may be transferred from one dentist on the medical staff to another.

 Section 7 (1) (a) (iii) BEFORE amended by BC Reg 279/2012, effective September 26, 2012.

(iii)  the College of Midwives of British Columbia, and

 Section 7 (1) (a) (iv) was added by BC Reg 279/2012, effective September 26, 2012.

 Section 7 (2) and (4) BEFORE reenacted by BC Reg 279/2012, effective September 26, 2012.

(2)  A permit issued under subsection (1) (b) does not entitle a practitioner to patient admitting and discharging privileges in the hospital unless the practitioner to whom the permit is issued

(a) is a medical practitioner, or

(b) for the purpose of midwifery, is a midwife.

(4)  If a person is not a member or registrant of a college referred to in subsection (1) but is a member of a legally established medical, dental or midwifery body that governs the practice of medicine, dentistry or midwifery, as the case may be, in a jurisdiction other than British Columbia, a hospital's board may issue to that person a special permit so that the person may attend or treat patients for the purpose of providing educational services or necessary health care services, but that person must be registered for this purpose with

(a) the College of Physicians and Surgeons of British Columbia,

(b) the College of Dental Surgeons of British Columbia, or

(c) the College of Midwives of British Columbia.

 Section 7 (6) (b) and (c) BEFORE amended by BC Reg 279/2012, effective September 26, 2012.

(b) if the affected individual is registered with the College of Dental Surgeons of British Columbia, the College of Dental Surgeons of British Columbia, and

(c) if the affected individual is registered with the College of Midwives of British Columbia, the College of Midwives of British Columbia.

 Section 7 (6) (d) was added by BC Reg 279/2012, effective September 26, 2012.

 Section 7 (7) BEFORE reenacted by BC Reg 279/2012, effective September 26, 2012.

(7)  Despite subsection (1), a hospital's board may provide in the bylaws, or in the rules governing the organization and management of the hospital's medical staff, for the rendering of health care services to a patient by a person who is not a member of a college referred to in subsection (1), if those bylaws or rules ensure that all of the following conditions are met:

(a) in the case of a patient who is admitted by a medical practitioner, the responsibility for

(i)  discharging the patient from the hospital, and

(ii)  the medical care of the patient while in the hospital

rests with the medical practitioner on the hospital's medical staff who is attending the patient;

(b) in the case of a patient who is admitted by a midwife, the responsibility for

(i)  discharging the patient from the hospital, and

(ii)  the midwifery care of the patient while in the hospital

rests with the midwife on the hospital's medical staff who is attending the patient;

(c) the responsibility for the dental care of a patient while in the hospital rests with the dentist on the hospital's medical staff who is attending the patient.

 Section 7 (1) (a) BEFORE amended by BC Reg 152/2018, effective September 4, 2018.

(a) is a person who is authorized to practise a profession regulated by one or more of the following:

(i) the College of Physicians and Surgeons of British Columbia;

(ii) the College of Dental Surgeons of British Columbia;

(iii) the College of Midwives of British Columbia;

(iv) the College of Registered Nurses of British Columbia, and

 Section 7 (4) (a) and (b) BEFORE amended by BC Reg 152/2018, effective September 4, 2018.

(a) the College of Physicians and Surgeons of British Columbia,

(b) the College of Dental Surgeons of British Columbia,

 Section 7 (4) (c) and (d) BEFORE repealed by BC Reg 152/2018, effective September 4, 2018.

(c) the College of Midwives of British Columbia, or

(d) the College of Registered Nurses of British Columbia.

 Section 7 (6) (d) BEFORE amended by BC Reg 152/2018, effective September 4, 2018.

(d) if the affected individual is registered with the College of Registered Nurses of British Columbia, the College of Registered Nurses of British Columbia.

 Section 7 (1) (a) (i) BEFORE amended by BC Reg 209/2020, effective August 31, 2020.

(i) practise a profession regulated by the College of Physicians and Surgeons of British Columbia, the College of Dental Surgeons of British Columbia or the College of Midwives of British Columbia, or

 Section 7 (1) (i.1) was added by BC Reg 209/2020, effective August 31, 2020.

 Section 7 (4) (a) BEFORE amended by BC Reg 209/2020, effective August 31, 2020.

(a) the College of Physicians and Surgeons of British Columbia, the College of Dental Surgeons of British Columbia or the College of Midwives of British Columbia, or

 Section 7 (4) (a.1) was added by BC Reg 209/2020, effective August 31, 2020.

 Section 7 (1) (a) (i.1) and (ii) BEFORE amended by BC Reg 206/2020, effective September 1, 2020.

(i.1) practise a profession regulated by the College of Dental Surgeons of British Columbia or the College of Midwives of British Columbia, or

(ii) practise a profession regulated by the British Columbia College of Nursing Professionals and to use the title "nurse practitioner" or "registered nurse", and

 Section 7 (4) (a.1) and (b) BEFORE amended by BC Reg 206/2020, effective September 1, 2020.

(a.1) the College of Dental Surgeons of British Columbia or the College of Midwives of British Columbia, or

(b) the British Columbia College of Nursing Professionals, and authorized to use the title "nurse practitioner" or "registered nurse".

 Section 7 (6) (c) BEFORE repealed by BC Reg 206/2020, effective September 1, 2020.

(c) if the affected individual is registered with the College of Midwives of British Columbia, the College of Midwives of British Columbia, and

 Section 7 (6) (d) BEFORE amended by BC Reg 206/2020, effective September 1, 2020.

(d) if the affected individual is registered with the British Columbia College of Nursing Professionals, the British Columbia College of Nursing Professionals.

 Section 7 (4) (a) and (a.1) BEFORE amended by BC Reg 261/2020, effective September 20, 2020.

(a) the College of Physicians and Surgeons of British Columbia, and authorized to use the title "medical practitioner" or "physician",

(a.1) the College of Dental Surgeons of British Columbia, or

 Section 7 (4) (b) was added by BC Reg 261/2020, effective September 20, 2020.

 Section 8 (1) BEFORE amended by BC Reg 279/2012, effective September 26, 2012.

(1)  An application by a duly qualified medical practitioner, dentist or midwife for a permit to practise medicine, dentistry or midwifery in a hospital, or for the renewal of the permit, must be made in writing to the administrator of the hospital.

 Section 11.1 was enacted by BC Reg 224/2016, effective September 20, 2016.

 Section 13 (1) definition of "secondary document" BEFORE amended by BC Reg 206/2013, effective December 1, 2013.

"secondary document" means a document that contains information about a patient that may be of vital medical importance at a particular time and may have lasting legal significance but is not considered necessary for care and treatment of the patient beyond that particular time, and includes any diagnostic report, authorization, out-patient record and nursing report or note;

 Section 15 (4) was added by BC Reg 279/2012, effective September 26, 2012.

 Section 15 (4) BEFORE amended by BC Reg 152/2018, effective September 4, 2018.

(4) When the conduct or fitness to practise or the competence of a nurse practitioner is under investigation or is the subject of an inquiry under the Health Professions Act, the Board of the College of Registered Nurses of British Columbia or its nominee is authorized to examine the records of a hospital concerning any health care services rendered to a patient by that nurse practitioner or under the direction of that nurse practitioner.

 Section 15 (3) BEFORE amended by BC Reg 206/2020, effective September 1, 2020.

(3) When the conduct or fitness to practise or the competence of a midwife is under investigation or is the subject of an inquiry under the Health Professions Act, the Board of the College of Midwives of British Columbia or its nominee is authorized to examine the records of a hospital concerning any health care services rendered to a patient by that midwife or under the direction of that midwife.

 Section 15 (4) BEFORE repealed by BC Reg 206/2020, effective September 1, 2020.

(4) When the conduct or fitness to practise or the competence of a nurse practitioner is under investigation or is the subject of an inquiry under the Health Professions Act, the Board of the British Columbia College of Nursing Professionals or its nominee is authorized to examine the records of a hospital concerning any health care services rendered to a patient by that nurse practitioner or under the direction of that nurse practitioner.

 Section 18 BEFORE amended by BC Reg 225/2016, effective September 20, 2016.

Abortion services

18   Each hospital listed in Schedule A of B.C. Reg. 25/61, the Hospital Insurance Act Regulations, must be operated and managed in a manner that allows qualified persons, as defined in section 1 of the Hospital Insurance Act, to receive abortions at that hospital.

 Section 21 was enacted by BC Reg 206/2013, effective December 1, 2013.