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Hospitals Regulations

made under Section 17 of the

Hospitals Act

R.S.N.S. 1989, c. 208

O.I.C. 79-72 (January 23, 1979), N.S. Reg. 16/79

as amended up to O.I.C. 2007-239 (April, 24, 2007, effective July 3, 2007), N.S. Reg. 236/2007


Definitions

1     In these regulations “responsible medical officer” means the medical director, or some other physician appointed by the board or by the medical director as the responsible medical officer.


Hospital construction and renovation programs

2     (1)    Notwithstanding subsection (1) of Regulation [Section] 4, a board shall not carry out or cause to be carried out any construction of or alterations to a hospital building without the prior written approval of the Minister.

 

       (2)    A board may initiate proposals to the Minister for construction of or alterations to a hospital building or the Minister may request a board to initiate proposals for construction of or alteration to a hospital building.

 

       (3)    A board shall not employ or contract with consultants, architects or others, or spend any funds related to the commencement of planning or studies into the construction of or alterations to a hospital building without the prior written approval of the Minister.

 

       (4)    A proposal by a board for construction of or alterations to a hospital building shall be in writing and shall include a description of existing buildings and their uses, the proposed construction or alterations, their functions and the services to be affected, an estimate of the cost of the proposed construction or alterations, any reports or studies by consultants and such other information as the Minister may from time to time require.

 

       (5)    Where the Minister approves a proposal for construction of or alterations to a hospital building he shall issue or cause to be issued to the board an authorization to carry out the proposal subject to such conditions as the Minister deems advisable and subject to a maximum budget which may include where appropriate the cost of

 

                (a)    the purchase of land or buildings;

 

                (b)    the construction, repair or alterations;

 

                (c)    fees for consultants and architects;

 

                (d)    interest on funds required for construction, repairs, alterations or purchase of land or buildings;

 

                (e)    equipment;

 

                (f)    land surveys and soil tests;

 

                (g)    necessary paving and landscaping;

 

                (h)    site preparation and servicing; and

 

                (i)     any other item or service which the Minister deems advisable.


Hospital services expansion

3     (1)    Notwithstanding subsection (1) of Regulation [Section] 4, a board shall not add or extend hospital services or cause the same to be done without the prior written approval of the Minister.

 

       (2)    A board may initiate proposals to the Minister for any changes in hospital services, or the Minister may request a board to initiate proposals for changes in hospital services.

 

       (3)    A board shall not employ or contract with consultants, architects or others, or spend any funds related to the commencement of planning or studies into changes in hospital services without prior written approval of the Minister.

 

       (4)    A proposal by a board for new or extended hospital services shall be in writing and shall include a description of existing services, the proposed new or extended services, the purpose of such services, an estimate of the cost of the new or extended services, any reports or studies by consultants and such other information as the Minister may from time to time require.

 

       (5)    Where the Minister approves a proposal for any new or extended hospital services, he shall issue or cause to be issued to the board an authorization to carry out the proposal subject to such conditions as the Minister deems advisable.


3A  (1)    In this regulation [Section]

 

(a)“Act” means the Cape Breton Regional Hospital Act;

 

(b)“Board” means the Board of Directors of the Hospital;

 

(c)“Hospital” means the Cape Breton Regional Hospital.

 

       (2)    Notwithstanding any provision of the Act, either express or implied, respecting the ultimate responsibility or authority of the Board of the Hospital for the operation of the Hospital, the Hospital may, subject to the approval of the Minister of Health and Wellness, make by-laws granting to a committee of the Board, to be called the Appeals Committee, the final responsibility and authority to deal with matters involving Hospital credentialling, privileges, and membership in the medical staff of the Hospital generally including, without limiting the generality of the foregoing, the granting, limitation, suspension or revocation of such privileges or membership and other discipline of members of medical staff. There shall be no appeal to the Board from the decision of the Appeals Committee, which shall be final and conclusive.

Section 3A added: O.I.C. 94-324, N.S. Reg. 68/94.


Land and equipment

4     (1)    A board shall not purchase, lease or otherwise acquire except by gift, donation or testamentary disposition any equipment in excess of a value as designated from time to time by the Minister, or any building or land related to a hospital without the prior written approval of the Minister.

 

       (2)    A board shall not sell, mortgage or otherwise transfer any equipment or any building or land related to a hospital without the prior written approval of the Minister.


Special interim measures

4A  (1)    Notwithstanding any provision of the Glace Bay Community Hospital Act, or of An Act to Incorporate the Glace Bay General Hospital, the Governor in Council hereby vests all powers, authority, and responsibilities of the Corporations, Boards of Directors and Directors established by or pursuant to the two named Acts, in a Special Interim Board, composed of twelve (12) members, appointed pursuant to clause [subsection] (3) of this regulation [Section].

 

       (2)    Without limiting the generality of the foregoing, this order vests in the Special Interim Board the power to make by-laws, rules and regulations respecting any matter, including medical and surgical work and staff.

 

       (3)    The following persons are members of the Special Interim Board established by clause [subsection] (1) hereof:


                Mr. Ken MacVicar                          Dr. Hank G. Walker

                10 Catherine Street                          R. R. # 2, Hornes Road

                Glace Bay, Nova Scotia                  Marion Bridge, Cape Breton County,

                B1A 2J6                                          Nova Scotia, B0A 1P0


                Mr. Gordon Hayes                           Ms. Darlene MacRury

                50 Victoria Street                            Crosby, Burke & MacRury

                Glace Bay, Nova Scotia                  38 Union Street

                B1A 2Z9                                         Glace Bay, Nova Scotia B1A 2P5


                Mr. Glenn Roach                             Mr. Fred Courtney

                3 McPherson Street                         15 Grant Street

                Glace Bay, Nova Scotia                  Glace Bay, Nova Scotia

                B1A 2A6                                         B1A 1C5

 

                Mr. Duncan Ferguson                     Mr. Frank Bettens

                151 McLean Street                          157 Main Street

                Glace Bay, Nova Scotia                  Glace Bay, Nova Scotia

                B1A 4Z1                                         B1A 4Z1


                Mrs. Amelia Baird                           Mr. Sam Vokey

                5 Highland Street                            2 Smith Street

                Glace Bay, Nova Scotia                  Glace Bay, Nova Scotia

                B1A 2T2                                         B1A 3M2


                Dr. Bruce Demont                           Mr. Bruce Scott

                93 Main Street                                 48 Phalen's Road

                Glace Bay, Nova Scotia                  Glace Bay, Nova Scotia

                B1A 4Y1                                         B1A 3B5

Subsection 4A(3) amended: O.I.C. 92-434, N.S. Reg. 97/92.

 

       (4)    This regulation has effect on, from, and after the 22nd day of April, 1992, and continues in force until revoked by the Governor in Council.

Subsection 4A(4) added: O.I.C. 92-402, N.S. Reg. 90/92.

 

4B   (1)    Notwithstanding any provision of An Act to Incorporate the Fishermen's Memorial Hospital Society, or of An Act Respecting South Shore Regional Hospital, the Governor in Council hereby vests all powers, authority, and responsibilities of the Corporations, Boards of Directors and Directors established by or pursuant to the two named Acts, in a Special Interim Board, composed of ten (10) members, appointed pursuant to clause [subsection] (3) of this regulation [Section] .

 

       (2)    Without limiting the generality of the foregoing, this order vests in the Special Interim Board, the power to make by-laws, rules and regulations respecting any matter, including medical and surgical work and staff.

 

       (3)    The following persons are members of the Special Interim Board established by clause [subsection] (1) hereof:


                Major General George Spencer       Mrs. Kaye Gray

                R. R. # 1                                          Box 280

                Chester Basin, Nova Scotia             Mahone Bay, Nova Scotia

                B0J 1K0                                          B0J 2E0


                Mr. Denis V. M. Jarvis                    Mr. Carroll Publicover

                P.O. Box 97                                     9 George Street

                New Germany, Nova Scotia            Bridgewater, Nova Scotia

                B0R 1E0                                          B4V 1Z8

 

                Mrs. Shirley Powers                        Mrs. Pauline Himmelman

                Box 663                                           R. R. # 1

                Lunenburg, Nova Scotia                  Pleasantville, Nova Scotia

                B0J 2C0                                           B0R 1G0


                Rev. Dr. Gregory Pritchard             Mr. John Vissers

                R. R. # 1                                          R. R. # 5

                Lunenburg, Nova Scotia                  Bridgewater, Nova Scotia

                B0J 2C0                                           B4V 2W4


                Mr. Michael J. HewittMrs. Sandra Forsythe

                P.O. Box 299                                   108 Cornwallis Street

                Hubbards, Nova Scotia                    Bridgewater, Nova Scotia

                B0J 1T0                                           B4V 2C7

 

       (4)    The following persons are hereby appointed as officers of the Special Interim Board:


                Major General George H. Spencer           Mrs. Pauline Himmelman

                Chairman                                                  Secretary


                Mr. Denis V. M. Jarvis                             Mr. Michael J. Hewitt

                Vice-Chairman                                         Treasurer

 

       (5)    This regulation [Section] has effect on, from and after the 8th day of September 1992, and continues in force until revoked by the Governor in Council.

Section 4B added: O.I.C. 92-865, N.S. Reg. 189/92.

 

4C  (1)    The following persons are appointed to be members of a Board, to be known as the “Special Interim Board of the Queen Elizabeth II Health Sciences Centre” (hereinafter called the “Interim Board”):

 

Mr. James W. Moir, Jr. of Halifax

Mr. J. R. Dexter Kaulbach of Halifax

Mr. A. G. Lawrence of Hantsport

Mr. Sterling M. Eddy of Halifax

Mr. Laughlin James Rutt of Lower Sackville

Ms. Suzanne M. Hood of Dartmouth

Mrs. Sandra MacLennan of Halifax

Dr. Lynn McIntyre of Halifax

Dr. David Stanley Precious of Halifax, Halifax County

Dr. Gerald Schep of Halifax, Halifax County

The person serving as Dean of the Dalhousie Medical School, whoever that may be from time to time, such person to be automatically a member of the Special Interim Board, ex-officio, but without a vote.

Subsection 4C(1) amended: O.I.C. 94-874, N.S. Reg. 198/94; O.I.C. 95-246, N.S. Reg. 34/95.

 

       (2)    Notwithstanding any provision of the Camp Hill Medical Centre Act, R.S.N.S. 1989, c. 50, all the powers of the Board of Directors constituted and appointed pursuant to that Act are vested in the Interim Board.

 

       (3)    Notwithstanding any provision of the Cancer Treatment and Research Foundation Act, R.S.N.S. 1989, c. 55, all the powers of the Board of Directors constituted and appointed pursuant to that Act are vested in the Interim Board.

 

       (4)    Notwithstanding any provision of the Nova Scotia Rehabilitation Centre Corporation Act, R.S.N.S. 1989, c. 316, all the powers of the Board of Directors constituted and appointed pursuant to that Act are vested in the Interim Board.

 

       (5)    Notwithstanding any provision of the Victoria General Hospital Act, R.S.N.S. 1989, c. 491, all the powers of the Board of Commissioners constituted and appointed pursuant to that Act are vested in the Interim Board.

 

       (6)    Without limiting the generality of the foregoing, this order vests in the Interim Board the power to manage and administer the hospitals and institutions known as Camp Hill Medical Centre, the Cancer Treatment and Research Centre, the Nova Scotia Rehabilitation Centre, and the Victoria General Hospital, and, subject to the Hospitals Act, to make by-laws, rules and regulations respecting any matter with respect to which the Board of Directors, Foundation or Board of Commissioners appointed under the Acts referred to in Sections 2, 3, 4, and 5 were empowered to make by-laws, rules and regulations, and to amend or revoke by-laws, rules and regulations previously made by the Board of Directors, Foundation or Board of Commissioners.

 

       (7)    This regulation [Section] has effect on, from and after the 27th day of September 1994, and continues in force until revoked by the Governor in Council.

Section 4C added: O.I.C. 94-777, N.S. Reg. 182/94.


Section 4D added: O.I.C. 96-157, N.S. Reg. 43/96; repealed: O.I.C. 2000-639, N.S. Reg. 201/2000.

 

4E   (1)    Despite any provision of the Regional Health Boards Act, the Governor in Council hereby vests all powers, authority and responsibilities of the Boards of Directors of the Central Regional Health Board, the Eastern Regional Health Board, the Western Regional Health Board and the Northern Regional Health Board in the Deputy Minister of the Department of Health and Wellness.

 

(2)Without limiting the generality of subsection (1), this Order vests in the Deputy Minister, the power to manage and administer the hospitals designated to the Regional Health Boards pursuant to the Regional Health Boards Act, and, subject to the Hospitals Act, make, amend, repeal or revise by-laws, rules and regulations respecting any matter, including medical and surgical work and staff.

 

(3)This Section continues in force until revoked by the Governor in Council.

Section 4E added: O.I.C. 1999-520, N.S. Reg. 116/99.


Disaster planning

5     (1)    Every hospital shall

 

                (a)    develop and submit to the Minister a plan and procedure for the prevention and control of fire and other emergencies arising within the hospital;

 

                (b)    retain for at least two years a written record of each inspection, test and practice, with respect to the prevention and control of fire and other emergencies and make these available to the Minister upon his request;

 

                (c)    submit to the Minister a copy of all reports received from the Fire Marshal of Nova Scotia, his department or any fire department; and

 

                (d)    develop and submit to the Department of Justice every three years a plan and procedure for the handling of emergencies that occur outside the hospital.

[Note: the reference to the Emergency Management Office (original reference “Emergency Measures Organization”) has been updated in accordance with Order in Council 2011-147 under the Public Service Act, R.S.N.S. 1989, c. 376, which abolishes the Emergency Management Office and transfers responsibility for emergency management to the Department of Justice and the Minister of Justice, effective April 19, 2011.]

 

       (2)    The Minister may review all plans and procedures submitted to him pursuant to clause (a) of subsection (1) at any time he deems necessary and a hospital shall revise and update its plans and procedures for the prevention of fire and other emergencies arising in the hospital at the request of the Minister.


Meat inspection

6     A hospital shall not use or permit to be used within the hospital, meat or meat products that have not been approved by a provincial or federal government inspector.


Hospital standards and inspection

7     The Minister, or any person designated by him, on his own initiative or at the request of a board, a physician, a patient or any other person, may examine and inspect a hospital and any information contained therein for the purpose of reviewing the standard of care and treatment of any patient, and determining whether the hospital is complying with the Act and regulations.

 

8     (1)    Where a complaint is made against a hospital, or against a member of the medical staff of a hospital, or against a nurse or other employee of a hospital by or on behalf of a patient or former patient of the hospital, with respect to alleged improper treatment or care of a patient or former patient, the Minister or a person designated by him may direct the Hospital Standards Committee to investigate the complaint.

 

       (2)    The Hospital Standards Committee shall provide the Minister or his designee on request with a complete written report on the patient complaint, including copies of all hospital and medical reports and other records having any relevance to the matter complained of.

 

       (3)    For purposes of this regulation “Hospital Standards Committee” means the Hospital Standards Committee of a hospital which is constituted by the board as required under the Hospital Insurance regulations made pursuant to the Health Services and Insurance Act.

 

9     A hospital which has been surveyed by the Canadian Council on Hospital Accreditation shall forward to the Minister a copy of any report made by the said Council regarding such hospital.


Forms

10   The following forms must be used in accordance with the Act:

 

                (a)    a Declaration of Capacity to Consent to Treatment form for use under Section 53 of the Act must be in Form A;

 

                (b)    a Revocation of Declaration of Capacity to Consent to Treatment form for use under Section 57 of the Act must be in Form B;

 

                (c)    a Declaration of Competency form for use under Section 53 of the Act must be in Form C;

 

                (d)    a Revocation of Declaration of Competency form for use under Section 57 of the Act must be in Form D;

 

                (e)    a Notice to Public Trustee form for use under subsection 59(1) of the Act must be in Form E.

Section 10 replaced: O.I.C. 2007-239, N.S. Reg. 236/2007.

 

11   (1)    A physician shall not destroy tissues removed from a patient during an operation or curettage.

 

       (2)    All tissues removed from a patient during an operation or a curettage shall be sent, together with a short history of the case and a statement of the findings of the operation or curettage, to a laboratory where a pathologist shall carry out a gross examination of the tissue.

 

       (3)    A histological examination of such tissue shall be carried out upon the request of the physician, or if the gross examination suggests a pathological condition, which can be confirmed only by a histological examination.

 

       (4)    A laboratory report on every such tissue examination shall be sent to the hospital in which the operation or curettage to remove the tissue took place.

 

       (5)    The Board of an individual hospital, on the recommendation of its medical staff, may authorize exceptions to this regulation for certain tissues or specimens or classes of tissues or specimens which are deemed by the Board of the hospital not to require pathological examination. A list of these tissues which have been deemed not to require examination shall be maintained by the Board, and shall be sent to the Minister of Health and Wellness whenever first created or subsequently amended.

Section 11 replaced: O.I.C. 94-611, N.S. Reg. 125/94.

 

12   A hospital shall develop and implement procedures designed to

 

                (a)    create a safe work environment;

 

                (b)    establish safe work practices;

 

                (c)    prevent accidents to patients, employees, professional staff and visitors; and

 

                (d)    promote the maintenance of the physical and mental well being of all employees.

 

12A  (1)   The Governor in Council hereby empowers the Provincial Epidemiologist, Dr. Pierre M. Lavigne, or his successor, to examine such hospital records as he deems necessary for the fulfillment of his duties.

 

         (2)   Any hospital shall, upon request from the Provincial Epidemiologist, immediately make full disclosure to him of all information, records, particulars, and documents of whatever description (including x-rays, photographs, and laboratory or blood samples) which relate in any way to any matter about which the Provincial epidemiologist has inquired.

Section 12A added: O.I.C. 85-1378, N.S. Reg. 233/85.


Drugs

13   (1)    No investigational drug shall be used in any hospital unless the hospital has been authorized in writing by the Minister to use investigational drugs.

 

       (2)    For the purposes of the Section, an investigational drug shall be as defined by the Regulations to the Food and Drug Act (Canada) as amended from time to time.

 

14   The pharmacy or drug dispensary in every hospital shall be under the direction or advice of a pharmacist licensed under the Pharmacy Act.


Medical records

15   A hospital shall maintain a record of the diagnostic and treatment services provided in respect of each in-patient and out-patient.

 

16   Included in the information on a record for an in-patient under Regulation [Section] 16 shall be the following:

 

                (a)    full name of the patient, including all previous surnames, where applicable;

 

                (b)    date of birth;

 

                (c)    history of present illness;

 

                (d)    history of previous illness;

 

                (e)    family history;

 

                (f)    physical examination;

 

                (g)    provisional diagnosis;

 

                (h)    orders for treatment;

 

                (i)     medical, nursing and other notes on the progress of the patient;

 

                (j)     condition on discharge;

 

                (k)    reports if any of

 

                         (i)     consultations,

 

                         (ii)    follow-up care,

 

                         (iii)   laboratory, radiological, and other diagnostic examinations,

 

                         (iv)   medical, surgical, obstetrical and other therapeutic treatment, including renal dialysis treatment,

 

                         (v)    operations and anaesthesia,

 

                         (vi)   the hospital autopsy report; and

 

                (l)     the final diagnosis;

 

                (m)   on decease of the patient in hospital, a copy of the death certificate under the Vital Statistics Act; and

 

                (n)    such other items as the board may prescribe.


Students

17   A hospital shall not

 

                (a)    develop any training program for medical, nursing, technical or other students without first obtaining the prior written approval of the Minister;

 

                (b)    enter into an agreement with any other institution for the provision of a training program for students of that institution without first obtaining the written approval of the Minister to the terms and conditions of the agreement.


Section 18 repealed: O.I.C. 2007-239, N.S. Reg. 236/2007.

Section 19 repealed: O.I.C. 2007-239, N.S. Reg. 236/2007.

Section 20 repealed: O.I.C. 89-857, N.S. Reg. 151/89.

Schedules “A” to “S” repealed: O.I.C. 2007-239, N.S. Reg. 236/2007.


[Note: References to the Minister, Deputy Minister and Department of Health have been updated throughout in accordance with Order in Council 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376, effective January 11, 2011.]

 

Form A

Declaration of Capacity to Consent to Treatment

(Section 53 - Hospitals Act)


I, ____________________________________ (full name), a ______________________ (title) on the staff of _______________________________________ (name of hospital or psychiatric facility), personally examined _________________________________ (full name of person) of _________________________________ (address of person) on ___/___/______ (dd/mm/yyyy) at _____________a.m./p.m. at ____________________ (location of examination).


It is my opinion that the person (check one)

 

              is capable of consenting to the proposed treatment or treatments; or

              is not capable of consenting to the proposed treatment or treatments.

________________________________________________________________________

________________________________________________________________________________________________________________________________________________________________________________________________________________________


In arriving at this opinion I have considered

 

       (a)    whether the person understands the condition for which the specific treatment is proposed;

 

       (b)    the nature and purpose of the specific treatment;

 

       (c)    the risks and benefits involved in undergoing the specific treatment; and

 

       (d)    the risks and benefits involved in not undergoing the specific treatment.


The following information supports my opinion:

 

1)    Observations from my examination of the patient:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

2)    Information from other sources:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


       Sources of above information (identify specific sources):

________________________________________________________________________________________________________________________________________________________________________________________________________________________


__________________________

(date of signature)

 

____________________________________

(signature)

 

 

____________________________________

(printed name)


__________________________________________

Notes:

1)      Section 2A of the Hospitals Act states:

 

          2A       For the purpose of this Act, any reference to a psychiatrist carrying out a capacity or competency assessment means

 

                      (a)       for the purpose of a person in a psychiatric facility, a psychiatrist as defined in clause (r) of Section 2; and

                      (b)       for the purpose of a person in a hospital, the attending physician or other suitable health professional determined by the hospital.

 

2)      Sections 54(2) to 54D of the Hospitals Act state:

 

          54        (2)       Where a patient in a hospital or a psychiatric facility is found by declaration of capacity to be incapable of consenting to treatment, consent may be given or refused on behalf of the patient by a substitute decision-maker who has capacity and is willing to make the decision to give or refuse the consent from the following in descending order:

 

                                  (a)       a person who has been authorized to give consent under the Medical Consent Act;

                                  (b)       the patient’s guardian appointed by a court of competent jurisdiction;

                                  (c)       the spouse or common-law partner, if the spouse or common-law partner is cohabitating with the patient in a

conjugal relationship;

                                  (d)       an adult child of the patient;

                                  (e)       a parent of the patient or a person who stands in loco parentis;

                                  (f)        an adult brother or sister of the patient;

                                  (g)       any other adult next of kin of the patient; or

                                  (h)       the Public Trustee.

 

                      (3)       Where a person in a category in subsection (2) fulfils the criteria for a substitute decision-maker as outlined in subsection (5) but refuses to consent to treatment on the patient’s behalf, the consent of a person in a subsequent category is not valid.

 

                      (4)       Where two or more persons who are not described in the same clause of subsection (2) claim the authority to give or refuse consent under that subsection, the one under the clause occurring first in that subsection prevails.

 

                      (5)       A person referred to in clauses (c) to (g) of subsection (2) shall not exercise the authority given by that subsection unless the person

 

                                  (a)       has been in personal contact with the patient over the preceding twelve-month period;

                                  (b)       is willing to assume the responsibility for consenting or refusing consent;

                                  (c)       knows of no person of a higher category who is able and willing to make the decision; and

                                  (d)       makes a statement in writing certifying the person’s relationship to the patient and the facts and beliefs set out in clauses (a) to (c).

 

                      (6)       The attending physician is responsible for obtaining consent from the appropriate person referred to in subsection (2).

 

          54A     The substitute decision-maker shall make the decision in relation to specified medical treatment

 

                      (a)       in accordance with the patient’s prior capable informed expressed wishes; or

                      (b)       in the absence of awareness of a prior capable informed expressed wish, in accordance with what the substitute decision-maker believes to be in the patient’s best interest.

 

          54B     In order to determine the best interest of the patient for the purpose of clause (b) of Section 54A, regard shall be had to

 

                      (a)       whether the condition of the patient will be or is likely to be improved by the specified medical treatment;

                      (b)       whether the condition of the patient will improve or is likely to improve without the specified medical treatment;

                      (c)       whether the anticipated benefit to the patient from the specified medical treatment outweighs the risk of harm to the

patient; and

                      (d)       whether the specified medical treatment is the least restrictive and least intrusive treatment that meets the requirements of clauses (a), (b) and (c).

 

          54C     Whoever seeks a person’s consent on a patient’s behalf is entitled to rely on that person’s statement in writing as to the person’s relationship with the patient and as to the facts and beliefs mentioned in clauses (a) to (c) of subsection (5) of Section 54, unless it is not reasonable to believe the statement.

 

          54D     (1)       Where a substitute decision-maker approves or refuses treatment on behalf of a patient pursuant to subsection (2) of Section 54, the Supreme Court of Nova Scotia (Family Division) or the Family Court where there is no Supreme Court (Family Division) may review the provision or refusal of consent when requested to do so by the psychiatrist or the patient to determine whether the substitute decision-maker has rendered a capable informed consent.

 

                      (2)       Where the court finds that a substitute decision-maker has not rendered a capable informed consent, the next suitable decision-maker in the hierarchy in subsection (2) of Section 54 becomes the substitute decision-maker.

Form A added: O.I.C. 2007-239, N.S. Reg. 236/2007.



Form B

Revocation of Declaration of Capacity

(Section 57 - Hospitals Act )


I, _______________________________ (full name), a _____________________ (title) on the staff of _____________________________________ (name of hospital or psychiatric facility), personally examined ___________________________ (full name of person) on ___/___/____ (dd/mm/yyyy) at __________ a.m./p.m. at _____________________ (location of examination).


I declare that in my opinion the person is capable of consenting to the following treatment or treatments:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


Therefore I am revoking the Declaration of Capacity dated ___/___/____ (dd/mm/yyyy) respecting this person.

__________________________

(date of signature)

 

____________________________________

(signature)

 

 

____________________________________

(printed name)

__________________________________________

Note:

Section 2A of the Hospitals Act states:

 

                        2A       For the purpose of this Act, any reference to a psychiatrist carrying out a capacity or competency assessment means

                                    (a)       for the purpose of a person in a psychiatric facility, a psychiatrist as defined in clause (r) of Section 2; and

                                    (b)       for the purpose of a person in a hospital, the attending physician or other suitable health professional determined by the hospital.

Form B added: O.I.C. 2007-239, N.S. Reg. 236/2007.

 

 ________________________________________________________________ 

Form C

Declaration of Competency

(Hospitals Act, Section 53)

 

I, _________________________________ (full name), a ______________________ (title) on the staff of _______________________________________ (name of hospital or psychiatric facility), personally examined _______________________________ (full name of person) on ___/___/____ (dd/mm/yyyy) at __________a.m./p.m. at ___________________________ (location of examination).

 

I declare that in my opinion the person (check one)

 

                         is competent to administer their estate.

                         is not competent to administer their estate.

 

In arriving at this opinion I have considered all of the following:

 

                         the nature and degree of the person’s condition

 

                         the complexity of the estate

 

                         the effect of the condition of the person upon their conduct in administering the estate

 

                         any other circumstances that I consider relevant to the estate and the person and their condition.

 

The following information supports my opinion:

 

1)              Observations from my examination of the patient:

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

2)              Information from other sources:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

Sources of above information (identify specific sources):

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

Date of admission to hospital or psychiatric facility: ___/___/_____ (dd/mm/yyyy).

 

__________________________

(date of signature)

 

____________________________________

(signature)

 

 

____________________________________

(printed name)

 

__________________________________________

Note:

Section 2A of the Hospitals Act states:

 

                        2A       For the purpose of this Act, any reference to a psychiatrist carrying out a capacity or competency assessment means

 

                                    (a)       for the purpose of a person in a psychiatric facility, a psychiatrist as defined in clause (r) of Section 2; and

 

                                    (b)       for the purpose of a person in a hospital, the attending physician or other suitable health professional determined by the hospital.

Form C added: O.I.C. 2007-239, N.S. Reg. 236/2007.

 

 ________________________________________________________________ 

Form D

Revocation of Declaration of Competency

(Section 57 - Hospitals Act)

 

I, _________________________________ (full name), a ______________________ (title) on the staff of _______________________________________ (name of hospital or psychiatric facility), personally examined ___________________________ (full name of person) on ___/___/____ (dd/mm/yyyy) at _________ a.m./p.m. at ___________________________ (location of examination).

 

I declare that in my opinion the person is competent to administer their estate.

 

Therefore I am revoking the Declaration of Competency dated ___/___/_____ (dd/mm/yyyy) respecting this person.

 

__________________________

(date of signature)

 

____________________________________

(signature)

 

 

____________________________________

(printed name)

 

__________________________________________

Note:

Section 2A of the Hospitals Act states:

 

                        2A       For the purpose of this Act, any reference to a psychiatrist carrying out a capacity or competency assessment means

 

                                    (a)       for the purpose of a person in a psychiatric facility, a psychiatrist as defined in clause (r) of Section 2; and

 

                                    (b)       for the purpose of a person in a hospital, the attending physician or other suitable health professional determined by the hospital.

Form D added: O.I.C. 2007-239, N.S. Reg. 236/2007.

 

 ________________________________________________________________ 

Form E

Notice to Public Trustee

(Subsection 59(1) - Hospitals Act)

 

I, _____________________________ (full name), am the administrator/chief executive officer (circle one) of _____________________________ (name of hospital or psychiatric facility).

 

___________________________________ (full name of patient), a patient at the hospital/psychiatric facility, has been examined by a psychiatrist and found to be unable to administer their estate.


I hereby advise you that circumstances are such that the Public Trustee should consider immediately assuming management of their estate.

 

__________________________

(date of signature)

 

____________________________________

(signature)

__________________________

(witness’s name - printed)

 

____________________________________

(printed name)

 

 

__________________________________

(title)

 

__________________________________________

Note:

Section 2A of the Hospitals Act states:

 

                        2A       For the purpose of this Act, any reference to a psychiatrist carrying out a capacity or competency assessment means

 

                                    (a)       for the purpose of a person in a psychiatric facility, a psychiatrist as defined in clause (r) of Section 2; and

 

                                    (b)       for the purpose of a person in a hospital, the attending physician or other suitable health professional determined by the hospital.

Form E added: O.I.C. 2007-239, N.S. Reg. 236/2007.