Definition

1   In this regulation, "Act" means the Public Health Act.

[am. B.C. Reg. 21/2019, App. 1, s. 1.]

Prescribed health impediment

2   For the purposes of section 22 of the Act, the following are prescribed as health impediments:

(a) Repealed. [B.C. Reg. 21/2019, App. 1, s. 2.]

(b) vision loss or impairment;

(c) decay or impairment of the teeth or gums;

(d) hearing loss or impairment.

[en. B.C. Reg. 207/2010, s. 2; am. B.C. Reg. 21/2019, App. 1, s. 2.]

Repealed

3-4   Repealed. [B.C. Reg. 21/2019, App. 1, s. 3.]

Definitions

5   In this Part:

"child" means a child who is less than 15 years old;

"Child Care Licensing Regulation" means the Child Care Licensing Regulation, B.C. Reg. 332/2007;

"facility" means a community care facility licensed under the Community Care and Assisted Living Act to provide a care program described in the Child Care Licensing Regulation;

"health screen" means an examination or test that

(a) is conducted for the purpose of identifying vision loss or impairment, decay or impairment of the teeth or gums or hearing loss or impairment,

(b) is non-invasive, and

(c) is not intended to diagnose illness, disease or disability;

"licensee" means a licensee of a facility, other than a licensee providing a type of care described in the Child Care Licensing Regulation as Family Child Care, In-Home Multi-Age Child Care, or Occasional Child Care;

"parent" has the same meaning as in the Child Care Licensing Regulation;

"school" means a school within the meaning of

(a) the School Act, or

(b) the Independent School Act;

"screen" means to conduct a health screen.

[en. B.C. Reg. 207/2010, s. 5.]

Collection and use of demographic information

6   For a purpose described in section 9 (a), (b), (d), (e) or (f) of the Act, a health authority conducting a health screening program may collect and use information, including personal information, received under any of the following:

(a) section 7 of this regulation;

(b) section 79 (2) of the School Act;

(c) section 9 (3) of the Independent School Regulation, B.C. Reg. 262/89.

[en. B.C. Reg. 207/2010, s. 5.]

Licensee to provide demographic information

7   (1) The health impediments described in section 2 (b) to (d) of this regulation are prescribed for the purposes of section 12 of the Act.

(2) On request of a health authority, a licensee must promptly report to the health authority the following information in respect of each child who attends the licensee's facility but who does not attend school:

(a) the child's name, date of birth and gender;

(b) the name and contact information of the child's parent.

[en. B.C. Reg. 207/2010, s. 5.]

Authority to conduct health screening program

8   (1) For the purposes of preventing illness and promoting health within the population, a health authority may conduct a health screening program for children.

(2) Subject to subsection (3), a health authority may screen a child only if the child's parent is first notified, in writing, of all of the following:

(a) when screening will take place, what screening services will be performed and how screening will be conducted;

(b) that the results of a child's screening will be recorded and kept by the health authority and are subject to the requirements of the Freedom of Information and Protection of Privacy Act;

(c) the uses that may be made of the results of the child's screening;

(d) that the parent may refuse consent to screening of the parent's child by notifying the health authority of the refusal

(i) in writing or verbally, and

(ii) before the date stated in the notice as to when screening will take place;

(e) that a refusal as described in paragraph (d) does not affect the provision of any service that would otherwise be available to the child;

(f) of how the parent may contact the health authority for further information respecting the health screening program.

(3) A health authority must not screen a child if the child's parent gives notice of a refusal in accordance with subsection (2) (d).

[en. B.C. Reg. 207/2010, s. 5; am. B.C. Reg. 76/2022, s. 4.]

Results of health screening program

9   (1) A health authority must disclose to the child's parent the results of a child's health screen under section 8.

(2) Subject to subsection (5), a health authority may use the results of a child's health screen for a purpose described in section 9 (a), (b), (d), (e) or (f) of the Act.

(3) If, under subsection (2), a health authority recommends to a parent that a child attend a health professional for follow-up in respect of the child's health screen, the health authority may, subject to subsection (5) and for the purpose of caring for and monitoring the health care needs of the child, disclose the results of the child's health screen and any follow-up to

(a) the licensee of a facility attended by the child, or

(b) the principal of a school attended by the child.

(4) A parent may refuse consent to the use or disclosure by a health authority of the results of the parent's child's health screen or follow-up, if any, by notifying the health authority of the refusal

(a) in writing or verbally, and

(b) before the date stated in the notice as to when screening will take place.

(5) A health authority must not use or disclose the results of a child's health screen or follow-up, if any, if the child's parent gives notice of a refusal in accordance with subsection (4).

[en. B.C. Reg. 207/2010, s. 5; am. B.C. Reg. 76/2022, s. 4.]

Other uses of information

10   For greater certainty, nothing in this regulation prevents the collection, use or disclosure of the following as authorized under another enactment:

(a) demographic information collected under section 6 of this regulation, section 79 (2) of the School Act or section 9 (3) of Independent School Regulation, B.C. Reg. 262/89;

(b) the results of a child's health screen.

[en. B.C. Reg. 207/2010, s. 5.]