Podcast
Questions and Answers
What can any member of a class who is subject to an order apply for?
What can any member of a class who is subject to an order apply for?
Which of the following is exempt from the Health Care Consent Act, 1996?
Which of the following is exempt from the Health Care Consent Act, 1996?
What may a medical officer of health specify regarding reports in an order?
What may a medical officer of health specify regarding reports in an order?
What is a requirement for the effectiveness of an order under the section?
What is a requirement for the effectiveness of an order under the section?
Signup and view all the answers
Who is responsible for ensuring compliance with an order directed at a person under sixteen?
Who is responsible for ensuring compliance with an order directed at a person under sixteen?
Signup and view all the answers
What can a medical officer of health do if a person is not likely to comply with an order?
What can a medical officer of health do if a person is not likely to comply with an order?
Signup and view all the answers
Which section covers the requirement for an order to be effective?
Which section covers the requirement for an order to be effective?
Signup and view all the answers
If a specific physician is not provided, what happens to the report according to the order?
If a specific physician is not provided, what happens to the report according to the order?
Signup and view all the answers
What is the definition of 'Superintendent' as per the provided content?
What is the definition of 'Superintendent' as per the provided content?
Signup and view all the answers
Under what condition can a medical officer of health issue an order regarding a communicable disease?
Under what condition can a medical officer of health issue an order regarding a communicable disease?
Signup and view all the answers
What must be demonstrated by the medical officer of health to issue an order under Section 22?
What must be demonstrated by the medical officer of health to issue an order under Section 22?
Signup and view all the answers
Which of the following options is included in the definition of 'private hospital'?
Which of the following options is included in the definition of 'private hospital'?
Signup and view all the answers
According to the content, what action can a medical officer of health NOT require through an order?
According to the content, what action can a medical officer of health NOT require through an order?
Signup and view all the answers
What does section 21 (2) clarify about terms such as 'administrator', 'hospital', 'out-patient', and 'patient'?
What does section 21 (2) clarify about terms such as 'administrator', 'hospital', 'out-patient', and 'patient'?
Signup and view all the answers
Which of the following must a medical officer of health consider when issuing an order?
Which of the following must a medical officer of health consider when issuing an order?
Signup and view all the answers
What is the implication of the repeal of clause (l) within the definition of 'institution'?
What is the implication of the repeal of clause (l) within the definition of 'institution'?
Signup and view all the answers
Which of the following actions may not be enforced by a medical officer of health under an order?
Which of the following actions may not be enforced by a medical officer of health under an order?
Signup and view all the answers
What is one of the key components that may be included in an order regarding communicable diseases?
What is one of the key components that may be included in an order regarding communicable diseases?
Signup and view all the answers
Who can an order directed by a medical officer of health be addressed to?
Who can an order directed by a medical officer of health be addressed to?
Signup and view all the answers
Which of the following requirements is NOT typically specified in an order under the relevant section?
Which of the following requirements is NOT typically specified in an order under the relevant section?
Signup and view all the answers
What might a medical officer of health require from an individual infected with a virulent disease?
What might a medical officer of health require from an individual infected with a virulent disease?
Signup and view all the answers
What requirement pertaining to cleaning might be included in an order?
What requirement pertaining to cleaning might be included in an order?
Signup and view all the answers
In an order, what is one responsibility that an individual may have regarding exposure to infection?
In an order, what is one responsibility that an individual may have regarding exposure to infection?
Signup and view all the answers
What is the purpose of placarding premises under an order?
What is the purpose of placarding premises under an order?
Signup and view all the answers
Which of the following is NOT a reason for entry under the specified guidelines?
Which of the following is NOT a reason for entry under the specified guidelines?
Signup and view all the answers
What can a person with rights of entry do upon entering premises?
What can a person with rights of entry do upon entering premises?
Signup and view all the answers
Which individual is authorized to enter premises as per the rights of entry?
Which individual is authorized to enter premises as per the rights of entry?
Signup and view all the answers
When may a person exercise their rights of entry?
When may a person exercise their rights of entry?
Signup and view all the answers
Which of the following actions is NOT permitted when exercising powers upon entry?
Which of the following actions is NOT permitted when exercising powers upon entry?
Signup and view all the answers
What is one condition that must be met when exercising the authority to enter premises?
What is one condition that must be met when exercising the authority to enter premises?
Signup and view all the answers
Which of the following is considered a purpose for entry according to the guidelines?
Which of the following is considered a purpose for entry according to the guidelines?
Signup and view all the answers
Who is included in the definition of persons authorized to enter premises?
Who is included in the definition of persons authorized to enter premises?
Signup and view all the answers
Under what circumstances can a medical officer of health give directions?
Under what circumstances can a medical officer of health give directions?
Signup and view all the answers
What is one reason a medical officer of health may decide to issue directions?
What is one reason a medical officer of health may decide to issue directions?
Signup and view all the answers
Which of the following actions can a medical officer of health direct as per section 24(3)?
Which of the following actions can a medical officer of health direct as per section 24(3)?
Signup and view all the answers
Which of the following is NOT a possible direction a medical officer of health can give?
Which of the following is NOT a possible direction a medical officer of health can give?
Signup and view all the answers
What is one condition under which a medical officer of health might find it difficult to issue an order?
What is one condition under which a medical officer of health might find it difficult to issue an order?
Signup and view all the answers
What might be included in the directions under section 24(4)?
What might be included in the directions under section 24(4)?
Signup and view all the answers
What does subsection (2) suggest about the medical officer's opinion on compliance?
What does subsection (2) suggest about the medical officer's opinion on compliance?
Signup and view all the answers
Which of the following best describes the role of the medical officer of health regarding communicable diseases?
Which of the following best describes the role of the medical officer of health regarding communicable diseases?
Signup and view all the answers
What opportunity must be afforded to any party before the hearing?
What opportunity must be afforded to any party before the hearing?
Signup and view all the answers
Which of the following is true regarding members of the Board holding a hearing?
Which of the following is true regarding members of the Board holding a hearing?
Signup and view all the answers
What must happen to the oral evidence recorded at a hearing if requested?
What must happen to the oral evidence recorded at a hearing if requested?
Signup and view all the answers
How are documents and things put in evidence handled after a hearing?
How are documents and things put in evidence handled after a hearing?
Signup and view all the answers
Under what conditions can a party appeal to the Divisional Court?
Under what conditions can a party appeal to the Divisional Court?
Signup and view all the answers
What can a judge of the Superior Court of Justice grant if an order is appealed?
What can a judge of the Superior Court of Justice grant if an order is appealed?
Signup and view all the answers
What must be made known to all parties if the Board seeks legal advice?
What must be made known to all parties if the Board seeks legal advice?
Signup and view all the answers
Communication about the subject-matter of the hearing between Board members and outside parties is:
Communication about the subject-matter of the hearing between Board members and outside parties is:
Signup and view all the answers
Study Notes
Environmental Health Law - EHN 121, Unit 10 - HPPA II
- Course: Environmental Health Law (EHN 121)
- Unit: 10 - HPPA II
- Author: Daniel Huynh
- Institution: Toronto Metropolitan University
- Year: 2024
Health Protection and Promotion Act
- Act: R.S.O. 1990, Chapter H.7 (Parts 4-5)
- Revision Date: September 2023
Unit 10 - Contents
- Part IV: Communicable Diseases
- Section 22 Orders
- Section 24 Direction
- Duties to Report Diseases
- Communicable Disease Outbreak Order
- More duties to report
- Court Orders
- Persons under detention
- Immunization/Confidentiality
- Part V: Rights of Entry and Appeals
- Rights of Entry
- Appeals to HSARB or to the Court
- Part IX: Enforcement
Part IV - Communicable Diseases
- Duties to report diseases
- Medical Officer of Health's powers to issue Communicable Diseases Orders
- Medical Officer of Health's powers to issue Communicable Diseases Directions
- Cooperation between health units
- Court Orders
"Institution"
- Definition: Various types of facilities where people share common living spaces and/or meals; excluding schools
- Includes: Homes, facilities, institutions (almost all non-private residential types)
Definitions, Part IV
- Repealed definitions
- Premise details
- Children's residences
- Child Care and Early Years Act, 2014 (formerly Day Nurseries Act)
- Supported group living residence
- Intensive support residence
- Home for special care
- Long-term care home
- Psychiatric facility
- Correctional institution (amended 2018 to Correctional Services and Reintegration Act, 2018)
- Detention facility (repealed 2018)
- Private Hospital
- Prescribed Place
Section 22 Order
- Medical officer of health may require person to take or refrain from action in respect of communicable disease under specific circumstances (subsection 2).
- Condition precedent: a communicable disease exists; there's immediate risk of outbreak; the disease poses risk to health in that unit, and order requirements decrease/eliminate that risk.
- Time: medical officer of health may specify time/period person must comply
- Content of order details: closure of premises, placarding, isolation, cleaning/disinfecting, destruction of objects; submission to medical exam; submission to care if virulent, don't expose others
Addresses of Section 22 Order
- Resident of health unit
- Present in health unit
- Owner/occupier of premises in health unit
- Owns/in charge of thing in health unit
- Engaged in an activity in the health unit
- Overrides Health Care Consent Act
- Reasons must be in Order
- If under 16, addressed to "parent"
Communicable Diseases Order (Class Orders)
- Directed to a class of people residing or present in health unit.
- Notice to class is required for members of class.
- If delivery would result in delay that increases risks to health, general notice may be delivered through suitable communication methods and/or by posting at suitable location
- Notice must contain sufficient info to recognize who is directed, order details, and where to direct inquiries.
Health Care Consent Act, 1996
- This act does not apply to situations where a person is being examined or treated to ascertain if they're infected with a virulent disease and/or treatment for this same condition.
Additional contents of order
- Report details
- Time restrictions on when the report must be given to officer of health
Reasons for order
- Order details set out in order are required for effectiveness
Order by M.O.H. - re person under sixteen
- Responsibility for compliance falls on parent or other legally responsible party
- Law applies to orders directed to persons under 16
Section 24 Direction
- If person not likely to comply, health officer can direct health unit employees or contractors to do work; billed to person receiving order.
Directions by M.O.H.
- Medical officer of health can give directions regarding eliminating/reducing risk of communicable disease to affected persons
- Conditions under which health officer may issues directions: person refuses, not likely to comply promptly, cannot be easily identified/located.
- Includes contents of directions: placarding of premises, cleaning/disinfecting, and destruction of materials.
- Cost recovery: board of health can recover expenses from the party directed by court
Duties to Report Diseases/Duty to Report Reportable Diseases
- Reporting to medical officer of health for reportable diseases is necessary from physicians, chiropractors, dental surgeons, nurses, pharmacists, optometrists, naturopaths, and “prescribed persons”.
- Reporting duty includes disease knowledge, or suspicion, in non-hospital patients. This duty extends to those who provide services to persons not considered patients or outpatients of a hospital
Definition of "practitioner"
- Includes specific professions: members of Colleges of Chiropractors, Dental Surgeons, Nurses, Pharmacists, Optometrists, Naturopaths of Ontario.
Duty to Report Communicable Disease (Carrier - Physician/Nurse)
- Physicians and registered nurses in extended classes have the duty to notify the medical officer of health if there is reasonable belief that patient is infected with a communicable disease.
Duty to Report Disease (Hospital Administrator)
- Hospital administrators are obligated to report diseases of public health significance for in-patients or outpatients if documented in hospital records.
Duty of Superintendent of Institution to Report Re Disease
- Superintendents must report instances where residents may have diseases of public health significance.
When report to be given (Hospital/Institution)
- Reporting must occur as soon as the entry is made into the hospital or institution records.
R.R.O. 1990, Reg. 569 - Reports
- Details what a report under section 25, 26, 27 or 28 (or subsection 29(2) or section 30 including info on name, address, birth date, sex and onset of symptoms or date of death) under the Act needs to contain for the person in question.
- Additional information from the person who reported that may be requested by a medical officer -Report needed within 24 hours
Duty of School Principal to Report Communicable Disease
- School principals have to report any suspicions related to a communicable disease in a student.
- Specific information needed for reports on students
Duty to report disease (Laboratory)
- Laboratories are responsible for reporting instances where a disease of public health significance specimen is identified
- Time limits for the reporting are detailed.
Definition of "Laboratory"
- Definition of the term related to laboratory work.
R.R.O. 1990, Reg. 569 - Reports (Laboratory) and specifics
- Additional details on content of reports for specimens collected for disease and public health issues
Duty to Report Communicable Disease Acquired at Facility
- Medical officer of health needs to report acquired communicable disease at health facilities
- Details of "health facility". This term includes hospitals, long-term care facilities, psychiatric facilities and any other facility prescribed by law .
Communicable Disease Outbreak Order (Facilities)
- Orders for dealing with outbreaks in public hospitals and institutions
- Conditions for issuing orders: outbreak in the facility/existence of an outbreak/risk to health in the facility, etc. Order specifies details needed to address the outbreak.
Time (Communicable Disease Outbreak Orders)
- Orders must specify the time frame within which actions need to be completed.
Reasons for Communicable Disease Outbreak Order
- Order details must be included with an order specifying its reasons.
Definitions (Communicable Disease Outbreak Order)
- Definitions of “institution” and “public hospital” for the sake of reference in orders.
Duty to Report Death (Physician/Nurse)
- Physicians and nurses in extended classes have to report deaths relating to public-health significance diseases.
R.R.O. 1990, Reg. 569 - Reports (Death)
- Specific information required in report of death related to disease of public health significance
Duty of Medical Officer of Health to Report to MOHLT
- Medical officers of health report to the Ministry and the Ontario Agency for Health Protection and Promotion regarding public health diseases and deaths
Reports by M.O.H. - re events
- Medical officer of health must report reportable events within 7 days of receiving a report
- Details of these reports
R.R.O. 1990, Reg. 569 - Reports
- Copy of a report made to a medical officer of health regarding communicable diseases needs to be made available to the Ministry and the Ontario Agency for protection and health promotion
OAHPP - New
- Definition of Ontario Agency for Health Protection
Communication Between Health Units
- Medical officers of health can exchange information in respect of a person concerning a communicable disease
Communicable diseases of the eyes
- Health-care professionals attending a childbirth must comply with regulations in respect of communicable diseases of the newborn's eyes
Physician or Nurse to Report Refusal or Neglect of Treatment , and procedures
- Any physician or registered nurse in extended class have to report any refusal or neglect regarding treatment of communicable disease
Report Refusal to Co-operate
- Details for reporting refusal to cooperate with treatment
Court Orders
Court Order (Requirements)
- Application required, diseases like virulent may be present, if person has not complied with health officer's order
- Specific actions to take (isolate, submit to an examination by medical officer, placement under care and treatment of a physician) are determined
- Additional rules and policies
Court Order (By Ontario Court of Justice)
- Additional procedures related to the court and application
Capability of Hospital or Facility
- To perform detention, treatment, and care.
Delivery to hospital / other facility
- Details on locating and apprehending those under orders
- Delivering to named facilities
Order by Ontario Court of Justice (Police Assistance, Amended 2018)
- Law enforcement support for carrying out the court
Care and treatment
- Details regarding lawful detention, care and treatment of an infected individual
- Time limits for this are given.
Health Care Consent Act, 1996 (Regarding Court Orders)
- Details on how the Act does or does not apply to specific procedures during court orders
Physician responsibilities (Court Order)
- Physician designation procedures for care and treatment
Designation of physician (Court Order)
- Specific requirements related to designating a physician for care and treatment in special circumstances
Reports (Court Order)
- Reports, processes, and procedures
- Information relating to reports are required for court procedures.
Order to continue detention and treatment
- Judge may extend periods of detention and treatment, based on specific conditions
- Details on extending time
- The maximum limit of time is not more than six months
Release and discharge from hospital or other facility
- Procedures related to release from detention and discharge from facilities
Certificate of M.O.H.
Hearing of application or motion
- Procedures related to hearings to appeal
Effect on proceeding before the Board
- A proceeding relating to a similar case cannot be performed until court order is addressed
Appeal
- Details on how parties may appeal
Appeal to Court of Appeal
- Details on grounds for appeal
Where Person Withdraws from Care and Treatment
- Procedures related to withdrawing from ordered care or treatment of virulent communicable disease
Court Order - Communicable Disease
- Procedures which address the case where person with an infectious disease has failed to comply with medical officer's order and their methods to remain isolated
Persons Under Detention
- Specific Procedures for examination
Examination of Person under Detention (Amended 2018) and specific definitions of terms
- Procedures related to examination of individuals in detention
- Specifics on the terms used for correctional facilities
Definitions (Examination of Person under Detention - Amended 2018)
- Clarifications/details for various terms for special cases
Immunization
- Details related to Immunization: general information, immunizing agents, etc.
Duty to Inform (Immunization)
- Duty for health officials to inform people who consent for immunization
Duty to report reactions (Immunization)
- Procedures and reporting terms
Idem (Immunization)
- Procedures for forwarding of reports to different MOH units
R.R.O. 1990, Reg. 569 - Reports(Immunization)
- Specific procedures needed for adverse events for immunization
Confidentiality
- Procedures related to maintaining confidentiality
- Specific exemptions
Drugs for STIs
- Regulations / guidelines regarding the provision of drugs to treat sexually transmitted infections (STIs)
Supply of drugs (Unqualified persons) Prohibited
- Guidelines and restrictions on supplying drugs in relation to the treatment of those with sexually transmitted infections (STIs)
- Exemptions for Pharmacists
Part V - Rights of Entry and Appeals
Rights of Entry
- Details on who can enter a premises
- Reasons for entry procedures
- Power of entry on premises
- Procedures regarding reasonable times and certain conditions
Interpretation, Persons (Rights of Entry)
- Definitions and procedures related to persons involved with entry procedures
Interpretation, Purpose (Rights of Entry, Persons)
- Details regarding purpose(s) for this act
Entry (Rights of Entry)
- Details related to the entry process
Examinations (Rights of Entry), Procedures regarding an examination of premises/person
Samples or Extracts
Reasonable times (Rights of Entry)
- Guidelines for exercising these rights
Private Residence
- Restriction regarding entering private residence for specific procedures
Operator to cease operation
- Procedures related to having to cease operation of premises/systems for the purposes of examination and investigation
Copies
- Requirements regarding copies for documentation of evidence
Charter Override (Rights of Entry)
- Procedures for warrant applications for inspectors regarding an alleged offense
Application for warrant
Obstruction
- Procedures relating to obstructing
- Specific case of a refusal that does not count towards an obstruction of a procedure
Warrant by justice of the peace
- Specific details related to a warrant issue from justice of the peace
- Requirements for a warrant
- Procedures regarding execution
Appeals to Health Services and Appeals Review Board (HSARB)
- Details about appealing orders
Right to hearing (Appeals)
- Procedures regarding a right of a person to have a hearing
Effect of Order (Appeals)
- Procedures related to when an order takes effect
Powers of the Board (Appeals)
- Powers of the board for hearing and order processes
Time for hearing (Appeals)
- Details related to the time frame for hearings
Extension of time for hearing
Parties and evidence (Appeals)
Examination of documentary evidence (Appeals)
Members holding hearing not to have taken part (appeals)
- Restrictions on members involved in an investigation to take part in hearing and communicating about subject matter
Recording of evidence (Appeals)
- Procedures and requirements
Release of documentary evidence (Appeals)
-Release of evidence procedures
Appeal to Court
- Appeal procedures to the court for decisions related to proceedings before the Board
Powers of court on appeal
- Details related to the appeal procedure and exercising powers from courts
Part IX - Enforcement
Offence, Orders
- Legal implications for failing to follow an order
- List of sections that are subject to offenses
Offence, specified provisions
- List of specified provisions that can lead to a legal penalty
Offence, Regulations
- Offenses related to regulation non-compliance
- List of regulations that may result in an offense
Penalty
- Details related to penalties for offenses, specifying maximum limits.
Corporation (Enforcement)
- Specific penalties applicable to organizations
Directors, officers, employees and agents (Enforcement)
- Legal liabilities for those in a position of responsibility within an organization for failure to comply with the law
Court Orders (Prohibit continuation/repetition)
- Procedures related to preventing continuation or repetition of violations
- Order procedures
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
Test your knowledge on the Health Care Consent Act, 1996 and related orders issued by medical officers of health. This quiz includes questions on definitions, responsibilities, and requirements under the Act. Perfect for students or professionals in the health care field.
