Public Hospitals Act

AuthorRichard D. Schneider
Pages276-320
Public Hospitals Act, R.S.O. 1990, c. P.40, as amended by 1996, c. 1, Sched. F, ss. 3-–5;
1997, c. 15, s. 16; 1998, c. 18, Sched. G, s. 70; 1999, c. 10, s. 5; 2002, c. 17, Sched. F, Table;
2002, c. 24, Sched. B, s. 25; 2004, c. 3, Sched. A, s. 96; 2006, c. 4, s. 52; S.O. 2006, c.19,
Sched. C, s. 1(1) and Sched. L., s. 11(2) & (3).
CONTENTS
1. Def‌i nitions
2. Private hospitals, independent healt h facilities not affected
3. Administration and enforcement
4. Approvals by Minister
5. Payments to hos pitals
6. Directions
7. Powers
8. Investigators
9. Hospital supervisor
9.1 Public interest
10. Protection from personal liabil ity
11. Expropriation
12. By-laws
13. Protection from liability
14. Records of personal health information
15. Management committee
16. No voting by proxy
17. Notice of hospital meetings
18. Inspectors
19. Admission of chronically ill persons
20. Admission of patients
21. Refusal of admission
22. Custodial care
23. Facilities for students
24. Interns
25. Burial expe nses by municipality
26. Statements of account to be rendered
27. Municipal right of recourse against patient
28. Municipal rig ht of recourse against proper municipalit y
29. Indians
30. Offence
276ANNOTATED MENTAL HEALTH STATUTES
32. Regulations
32.1 Classif‌i cation of hospitals
33. Notice to college of disciplinary act ion against physician
34. Advice as to qualit y of professional work
35. Medical advisory committe e
36. Powers of board re medical staff
37. Medical staff appointment, hospital privi leges, etc.
38. Where no hearing requi red
39. Hearings
41. Reasons and appeal
42. Service of notice
43. Appeal from decision of Appeal Board
44. Ceasing to operate or provide services
Def‌i nitions
1. In this Act,
“administrator” means t he person who has for the time being the direc t and actual super-
intendence and charge of a hospital; (“directeu r général”)
“Appeal Board” means the Health Professions Appeal and Review Board under the Min-
istry of Health App eal and Review Boards Act, 1998; (“Com mission d’appel”)
“board” means the board of directors, governors, trustees, commission or other govern-
ing body or authority of a hospital; (“conseil”)
“dependant” means a patient the charges for whose treat ment some other person is liable
for in law; (“personne à charge”)
“hospital” means any institution, building or other premises or place that is established
for the purposes of the treatment of patients and that is approved under this Ac t as a
public hospita l; (“hôpital”)
“in-patient” means a person admitted to a hospita l for the purpose of treatment; (“malade
hospitalisé”)
“inspector” means an off‌i cer of the Ministry designated under this Act as an inspector;
(“inspecteur”)
“local health integrat ion network” means a local healt h integration as def‌i ned in section
2 of the Local Health System Integration Act, 2006; (“réseau local d’intégration des
services de santé”)
“medical advisory committe e” means a committee established under section 35; (“comité
médical consultatif ”)
“medical depart ment” means a division of the medical staf f of a hospital for the provision
of a specif‌i ed t ype of medical diagnosis or treatment; (“service médical”)
“Minister” means the Minis ter of Health and Long-Term Care; (“ministre”)
278ANNOTATED ONTARIO MENTAL HEALTH STATUTES
“Ministry ” means the Ministry of Health and Long-Term Care; (“ministère”)
“municipality” does not include a lower-tier municipa lity; (“municipalité”)
“out-patient” means a person who is received in a hospital for examinat ion or treatment
or both, but who is not admitted as a patient; (“ma lade externe”)
“patient” means an in-patient or an out-patient; (“malade” )
“personal health information” has the same meaning as in the Personal Health Informa-
tion Protection Act, 2004; (“renseignements personnels sur la santé”)
“physician” means a legally qualif‌i ed medical practitioner; (“médecin”)
“regulations” means the regulat ions made under this Act; (“règlements”)
“resident” means actually resident in a munic ipality for a period of three months within
the six months next pr ior to admission to a hospital; (“résident”)
“treatment” means the maintenance, observation, medical care and supervision and
skilled nursing care of a patient and, if dental serv ice is made available in a hospital
by its board, includes the dental care a nd supervision of the patient; (“t raitement”)
“unorganized territory” means those parts of Ontario that are without municipal or-
ganization, including Indian reservations and provincial parks, but not including
property of the Government of Canada used for the purposes of national defence
installations, camps or stat ions. (“territoire non érigé en municipal ité”) R.S.O. 1990,
c. P.40 , s. 1; 19 96, c. 1, Sched . F, s. 3; 19 98, c. 18, Sch ed. G, s . 70 (1); 20 02, c . 17, Sched .
F, Table; 2004, c. 3, Sched . A, s. 96 (1); 2006, c. 4, s. 52 (1, 2).
Private hospit als, independent health facilities not af fected
2. Nothing in this Act in any way relates to or affects a private hospital under the
Private Hospitals Act or an independent health facility under the Independent Health
Facilit ies Act. R.S.O. 1990, c. P.40, s. 2; 1996, c. 1, Sched. F, s. 4.
Administration and enforcement
3. The Minister shall administer and enforce this Act and the regulations. R.S.O.
1990, c. P.40, s. 3.
Approvals by Minister
Approval of incorpora tion, amalgamation
4. (1) No application to incorporate a hospital or amalgamate two or more hospitals
under the Corporations Act or under a private Act shall be proceeded with until it has
f‌i rst received the approval of the Min ister. R.S.O. 1990, c. P.40, s. 4 (1); 1996, c. 1, Sched.
F, s. 5 (1).
Approval
(2) No institution, building or other premises or place shall be operated or used for
the purposes of a hospital un less the Minister has approved the operation or use of the
premises or place for that purpose. 1997, c. 15, s. 16.

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