Legislation Enhances Protections for Patients Admitted for Involuntary Psychiatric Treatment / Amendments to Personal Health Information Act, Hospitals Act and Prescription Monitoring Act

Health And Wellness

**** HEALTH/WELLNESS Media Release

Amendments to Prescription Monitoring Act
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Legislation introduced today, March 31, will amend the Prescription Monitoring Act to reflect proposed changes to the Nova Scotia Prescription Monitoring Board.

In 2005, the Prescription Monitoring Act and its regulations established the Nova Scotia Prescription Monitoring Program to promote the appropriate use of monitored drugs such as opioids and benzodiazepines. It aims to reduce the abuse and misuse of these medications by promoting good prescribing practices and informing research activities.

Changes to the act include:
— strengthening the Department’s oversight and fiduciary responsibilities
— increasing the number of public board members from two to four to increase diversity, including those living with chronic pain, people who work in the field and people who have lived experience with drug misuse
— shifting authority to the Minster of Health and Wellness from governor-in-council for the appointment of non-voting directors and director responsible for licensing
— minor housekeeping changes

“The governance changes to the Prescription Monitoring Act will help advance our goals of monitoring prescribing practices and ensuring practitioners are accountable for safe and appropriate healthcare delivery,” said Michelle Thompson, Minister of Health and Wellness. “We’re doing this by creating a more inclusive, responsive and efficient way to monitor controlled substances in our province.”

The changes are based on recommendations from the Prescription Monitoring Program Board Strategic Plan and an independent review.

Additional Resources:
Prescription Monitoring Act: https://nslegislature.ca/sites/default/files/legc/statutes/prescmon.htm

Bills tabled in the legislature this spring are available at: https://nslegislature.ca/legislative-business/bills-statutes/bills/assembly-64-session-1

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Amendment to Hospitals Act
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The government introduced an amendment to the Hospitals Act today, March 31, to allow nurse practitioners to admit patients to hospital.

“Patients deserve a positive healthcare experience from the moment they access care to the moment they can return home,” said Michelle Thompson, Minister of Health and Wellness. “Permitting nurse practitioners to admit patients means timely access to care for patients, increased hospital efficiency, and improved movement of patients through their healthcare journey.”

Currently, only physicians, midwives and dentists can admit a patient to hospital. Nurse practitioners can assess, treat and discharge patients, but can’t admit them, even though they are trained and licensed to do so.

Quotes:
“This is good news for Nova Scotians. Amending the Hospitals Act to grant nurse practitioners the authority to admit to hospital optimizes the nurse practitioner scope of practice and will enhance access to care for patients.”
​ ​ ​ ​ ​ – Sue Smith, CEO and Registrar, Nova Scotia College of Nursing

Quick Facts:
— Nova Scotia joins Ontario, Manitoba, and British Columbia in allowing nurse practitioners to admit patients to hospital
— the Hospitals Act was last amended in 2015 to allow nurse practitioners to discharge patients from hospital
— the Homes for Special Care Act currently authorizes nurse practitioners to admit people to long-term care facilities

Additional Resources:
Bills tabled in the legislature this spring are available at: https://nslegislature.ca/legislative-business/bills-statutes/bills/assembly-64-session-1

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Amendments to Personal Health Information Act
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The government introduced amendments today, March 31, to the Personal Health Information Act to ensure it remains current and reflects modern practices.

“We have an obligation to Nova Scotians to protect their personal health information, even in times when that information must be shared to support and improve patient care,” said Michelle Thompson, Minister of Health and Wellness. “We are making amendments that will further strengthen the Personal Health Information Act for the benefit of patients across our healthcare system.”

In 2016, the Department initiated a review of the act that involved extensive stakeholder consultation. This review, published in 2018, found the act is achieving the right balance between protecting personal health information and recognizing the needs of those who are required to collect, use and disclose this information to provide or manage healthcare.

The review identified 35 findings, 10 of which required no change. Of the remaining 25, the Province supported 18 for implementation. These 18 recommendations resulted in seven legislative changes and a recognition that some findings would be better addressed through other initiatives.

The seven changes to the act include adding:
— a definition of accreditation
— a provision to require a substitute decision-maker to act in the best interests of the person for whom they are responsible
— a new clause to give an authorized person who is conducting an audit or review to collect personal health information without the individual’s consent if the audit is related to the services provided by a custodian
— a subsection to authorize custodians to audit records to detect privacy breaches
— a section to authorize the Minister of Health and Wellness to conduct a review of the act every five years
— two separate minor language edits to rename subsections.

Quick Facts:
— the Personal Health Information Act was passed in 2010 and came into effect in 2013
— the act governs the collection, use, disclosure, retention, disposal and destruction of personal health information
— section 109 of the act required the department to undertake a comprehensive review within three years of it coming into force; the review was done in 2016

Additional Resources:
Bills tabled in the legislature this spring are available at:
https://nslegislature.ca/legislative-business/bills-statutes/bills/assembly-64-session-1

Personal Health Information Act Three-Year Review Findings: https://novascotia.ca/dhw/publications/PHIA-Three-Year-Review-Findings.pdf

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Legislation Enhances Protections for Patients Admitted for Involuntary Psychiatric Treatment
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Legislation introduced today, March 31, will enhance the protection of patients treated under the Involuntary Psychiatric Treatment Act.

“These amendments are to protect the best interests and mental health needs of Nova Scotians,” said Brian Comer, Minister responsible for the Office of Addictions and Mental Health. “With these changes, we are enhancing those protections by ensuring that patients continue to receive appropriate mental health treatments while also getting more timely access to legal representation and review hearings.”

The amendments will give the Involuntary Psychiatric Treatment Act review board greater discretion, including the ability to replace a substitute decision-maker who is not acting in the best interest of the patient. The review board will also have the authority to order that a patient be treated in the community rather than in a facility. The addition of a vice-chair will improve the review board’s functioning when the chair is unavailable.

Additional changes will ensure that patients and their legal representatives have access to their health file in a timely manner without the need to complete additional paperwork.
This will increase efficiency and reduce the number of hearings adjourned due to delays in the production of files.

The Involuntary Psychiatric Treatment Act was enacted in 2005 to make sure that people who are unable to make treatment decisions due to severe mental illness receive the appropriate treatment. A review of the act was conducted in 2013, resulting in numerous recommendations, including legislative changes.

Additional Resources:
Bills tabled in the legislature this spring are available at: https://nslegislature.ca/legislative-business/bills-statutes/bills/assembly-64-session-1

 

 

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