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B.C. Reg. 305/2008
M267/2008
Deposited October 31, 2008
This consolidation is current to May 14, 2024.

Patient Care Quality Review Board Act

External Complaint Regulation

Definitions

1   In this regulation:

"Act" means the Patient Care Quality Review Board Act;

"child care" means supervision provided by, or health care delivered in, a licensed community care facility through a program referred to in section 2 of the Child Care Licensing Regulation, B.C. Reg. 332/2007;

"community care facility" has the same meaning as in the Community Care and Assisted Living Act;

"licensed community care facility" means a community care facility for which a licence has been issued under the Community Care and Assisted Living Act.

External complaint

2   A care quality complaint is included in the definition of "external complaint" for the purposes of section 4 of the Act

(a) if the health care or service to which the complaint relates is child care,

(b) if the health care or service to which the complaint relates is the involuntary admission of the complainant, or the failure to involuntarily admit the complainant, under section 22 of the Mental Health Act,

(c) if the complaint is about a decision of a review panel established under section 24.1 of the Mental Health Act,

(d) if

(i) the care quality complaint relates to the failure to deliver health care or a service, and

(ii) had the health care or service been delivered, a complaint about it would have been an external complaint, or

(e) in the case of any other care quality complaint, unless any one of the following applies:

(i) the health care or service to which the complaint relates was provided by a health authority or by another person pursuant to a contract with a health authority;

(ii) the health care or service to which the complaint relates was funded in whole or in part by a health authority;

(iii) the health care or service to which the complaint relates was delivered in

(A) a licensed hospital within the meaning of section 5 of the Hospital Act,

(B) an institution, operated for the reception and treatment of persons referred to in paragraph (b) or (c) of the definition of "hospital" in section 1 of the Hospital Act, that has been designated as a hospital under that Act, or

(C) subject to paragraph (a), a licensed community care facility.

[Provisions of the Patient Care Quality Review Board Act, S.B.C. 2008, c. 35, relevant to the enactment of this regulation: section 22]