Critical Incidents Regulation

Critical Incidents Regulation, M.R. 211/2006 The Health System Governance and Accountability Act , C.C.S.M. c. H26.5 Regulation 211/2006 Registered October 16, 2006 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Health care organizations 3 Persons authorized to receive information and record 4 Organizations that must report critical incidents directly to the minister 5 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Health System Governance and Accountability Act . («  Loi  ») "common-law partner" of a person means (a) another person who, with the person, registered a common-law relationship under section 13.1 of The Vital Statistics Act , and who is cohabiting with the person; or (b) another person who, not being married to the person, is cohabiting with him or her in a conjugal relationship and has so cohabited for a period of at least six months. (« conjoint de fait ») M.R. 32/2022 Health care organizations 2 The following health care organizations are prescribed for the purpose of Part 4.1 (Patient Safety) of the Act: (a) the holder of a licence to operate a land emergency medical response system issued under The Emergency Medical Response and Stretcher Transportation Act ; (b) the holder of a licence to operate an air emergency medical response system issued under The Emergency Medical Response and Stretcher Transportation Act ; (c) [repealed] M.R. 32/2022 ; (d) Selkirk Mental Health Centre; (e) [repealed] M.R. 32/2022 . M.R. 87/2018 ; 32/2022 Persons authorized to receive information and record 3(1) In the circumstances described in subsection 53.2(3) of the Act, the information is to be provided and the record made available to (a) any person with written authorization from the individual to act on the individual's behalf; (b) a proxy appointed by the individual under The Health Care Directives Act ; (c) a committee appointed for the individual under The Mental Health Act if the committee has the power to make health care decisions on the individual's behalf; (d) a substitute decision maker for personal care appointed for the individual under The Vulnerable Persons Living with a Mental Disability Act if the receipt of the information or access to the record relates to the powers and duties of the substitute decision maker; (e) a parent or legal guardian of the individual, if the individual is a child; (f) if the individual is deceased, his or her personal representative as defined in The Trustee Act . 3(2) If the person providing the information reasonably believes that no person described in clauses (1)⁠(a) to (f) exists, or that no such person is readily available, the information must be provided and the record made available to the adult person listed first in the following clauses who is readily available and willing to receive the information: (a) a spouse, with whom the individual is cohabiting, or a common-law partner; (b) a son or a daughter; (c) if the individual is an adult, a parent of the individual; (d) a brother or sister; (e) a person with whom the individual is known to have a close personal relationship; (f) a grandparent; (g) a grandchild; (h) an aunt or uncle; (i) a nephew or niece. 3(3) If there is more than one person described in any clause in subsection (2) who is readily available and willing to receive the information, the person authorized to receive the information and access to the record is the person who, in the opinion of the person providing the information, is most involved in the individual's care. 3(4) If information is provided to a person under subsection (2) or (3), it may also be provided to any other person described in subsection (2) if the person providing the information reasonably believes that providing it would be acceptable to the individual it is about. 3(5) In this section, "readily available" , in relation to a person, means that it is possible to communicate with the person in a time that is reasonable in the circumstances, and the person has the capacity to understand the nature and consequences of the critical incident. Organizations that must report critical incidents directly to the minister 4 The following prescribed health care organizations are designated for the purpose of subsection 53.3(6) of the Act: (a) the holder of a licence to operate an air emergency medical response system issued under The Emergency Medical Response and Stretcher Transportation Act ; (b) [repealed] M.R. 32/2022 ; (c) Selkirk Mental Health Centre; (d) [repealed] M.R. 32/2022 . M.R. 87/2018 ; 32/2022 Coming into force 5(1) Subject to subsection (2), this regulation comes into force on the same day that The Regional Health Authorities Amendment and Manitoba Evidence Amendment Act , S.M. 2005, c. 24, comes into force. 5(2) Clauses 2(e) and 4(d) come into force on (a) the day that The Regional Health Authorities Amendment and Manitoba Evidence Amendment Act , S.M. 2005, c. 24, comes into force; or (b) December 1, 2006; whichever is later.