Critical Incident Regulations, 2023, P-30.3 Reg 2

1 CRITICAL INCIDENT, 2023 c P-30.3 Reg 2 The Critical Incident Regulations, 2023 being Chapter P-30.3 Reg 2 (effective April 21, 2023). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c P-30.3 Reg 2 CRITICAL INCIDENT, 2023 Table of Contents PART 1 PART 4 Preliminary Matters Cancer Agency 1 Title 8 Notice of critical incident – facility or service of cancer agency 2 Definitions 9 Investigation and report of critical incident – facility or service of cancer agency 3 Guideline adopted PART 2 PART 5 Provincial Health Authority Repeal and Coming into Force 4 Notice of critical incident – facility or service of 10 RRS c R-8.2 Reg 10 repealed provincial health authority 11 Coming into force 5 Investigation and report of critical incident – facility or service of provincial health authority PART 3 Health Care Organizations 6 Notice of critical incident – facility or service of health care organization 7 Investigation and report of critical incident – facility or service of health care organization 3 CRITICAL INCIDENT, 2023 c P-30.3 Reg 2 CHAPTER P-30.3 REG 2 The Provincial Health Authority Act PART 1 Preliminary Matters Title 1 These regulations may be cited as The Critical Incident Regulations, 2023. Definitions 2 In these regulations: “Act” means The Provincial Health Authority Act; “business day” means any day other than a Saturday, Sunday or holiday; “guideline” means the Saskatchewan Critical Incident Reporting Guideline, 2023, as amended from time to time, published by the ministry. 28 Apr 2023 c P-30.3 Reg 2 s2. Guideline adopted 3(1) The Saskatchewan Critical Incident Reporting Guideline, 2023, as amended from time to time, is adopted for the purposes of these regulations. (2) The minister shall: (a) cause the guideline to be made available to the public in any form or manner that the minister considers appropriate; and (b) take any steps that the minister considers appropriate to bring the guideline, and the manner or form in which it is available, to the attention of the public. 28 Apr 2023 c P-30.3 Reg 2 s3. PART 2 Provincial Health Authority Notice of critical incident – facility or service of provincial health authority 4(1) The provincial health authority shall give written notice to the minister of any critical incident that occurs: (a) in a facility that the provincial health authority operates; or (b) in relation to a health service that the provincial health authority provides or a program that the provincial health authority operates. 4 c P-30.3 Reg 2 CRITICAL INCIDENT, 2023 (2) The notice required by subsection (1) must be in the form set out in Appendix C of the guideline and include the following information: (a) a summary of the facts that led to the critical incident; (b) a summary of the health status of the individual to whom the critical incident relates: (i) before the critical incident; and (ii) after the critical incident; (c) the actions that the provincial health authority has taken with respect to the critical incident; (d) a statement as to whether the critical incident has been reported to any organization that is not part of the provincial health authority, and, if so, the name of the organization; (e) any other information required by Appendix C of the guideline. (3) The notice required by subsection (1) must not include any information that would reasonably be expected to identify: (a) any individual to whom the critical incident relates; (b) any health care provider involved in providing health services to any individual described in clause (a) or in operating a program to which the critical incident relates; or (c) any other individual who has knowledge of the critical incident. (4) The provincial health authority shall submit the notice required by subsection (1) to the minister: (a) within 3 business days, or as soon as possible thereafter, after the day on which: (i) the subject event occurred; or (ii) the provincial health authority became aware of the event; and (b) by any method set out in the guideline. 28 Apr 2023 c P-30.3 Reg 2 s4. Investigation and report of critical incident – facility or service of provincial health authority 5(1) The provincial health authority shall: (a) investigate each critical incident described in subsection 4(1); and (b) prepare a written report with respect to the critical incident. (2) The report required by subsection (1) must be in the form set out in Appendix D of the guideline and include the following information: (a) a complete description of the circumstances and facts that led to the critical incident; 5 CRITICAL INCIDENT, 2023 c P-30.3 Reg 2 (b) a statement identifying any current practice, procedure or factor involved in the provision of the health service or the operation of the program that: (i) contributed to the occurrence of the critical incident; and (ii) if corrected or modified, may prevent the occurrence of a similar critical incident in the future; (c) a description of the actions taken by the provincial health authority as a result of the investigation; (d) any recommended actions arising from the investigation, together with the following information for each recommended action: (i) the category of effectiveness for the recommended action; (ii) the system level response category for the recommended action; (iii) the title of the individual responsible for implementing the recommended action; (iv) the target deadline for implementing the recommended action; (v) the implementation status of the recommended action; (e) an explanation of how the effectiveness of each recommended action will be monitored after implementation, including the duration and frequency of data collection and the title of the individual responsible for data collection; (f) any other information required by Appendix D of the guideline. (3) The provincial health authority may disclose to a patient or the patient’s family the actions taken and intended to be taken by the provincial health authority as a result of an investigation pursuant to this section, and that disclosure does not constitute a waiver of the privilege set out in section 8-2 of the Act. (4) The report required by subsection (1) must not include any information that would reasonably be expected to identify: (a) any individual to whom the critical incident relates; (b) any health care provider involved in providing health services to any individual described in clause (a) or in operating a program to which the critical incident relates; or (c) any other individual who has knowledge of the critical incident. (5) The provincial health authority shall: (a) complete its report as soon as is reasonably practicable after completing its investigation; and (b) submit its report to the minister without delay after completing the report. (6) If the provincial health authority cannot complete and submit its report to the minister within 60 days after the day on which the provincial health authority became aware of the subject event, the provincial health authority shall advise the minister of the delay, the reasons for the delay and the anticipated date of completion of the report, which is to be not later than 180 days after the day on which the provincial health authority became aware of the event. 6 c P-30.3 Reg 2 CRITICAL INCIDENT, 2023 (7) After receiving the provincial health authority’s report, the minister may request clarification or additional information respecting any part of the report, and the provincial health authority shall provide that clarification or additional information to the minister, within the time set by the minister. (8) If the minister directs, the provincial health authority shall make any changes to its report that the minister considers necessary, within the time set by the minister, to bring the report into compliance with these regulations and the guideline. (9) At the times specified by the minister, the provincial health authority shall provide updates to the minister on the implementation status of each recommended action identified in the report, until the implementation of the recommended action is complete. (10) After implementation of each recommended action and in accordance with the duration and frequency of data collection specified in the report, the provincial health authority shall provide updates to the minister on the effectiveness of the recommended action. 28 Apr 2023 c P-30.3 Reg 2 s5. PART 3 Health Care Organizations Notice of critical incident – facility or service of health care organization 6(1) In this section: “Canadian Armed Forces number” means a unique number assigned by the Canadian Armed Forces to a member of the Canadian Armed Forces for the purposes of identifying the individual; “health services number” means a unique number assigned to an individual who: (a) is or was registered as a beneficiary to receive insured services within the meaning of The Saskatchewan Medical Care Insurance Act; or (b) pursuant to the legislation of another province or territory of Canada, is or was entitled to receive services similar to the insured services mentioned in clause (a). (2) A health care organization shall give written notice to the provincial health authority of any critical incident that occurs: (a) in a facility that the health care organization operates; or (b) in relation to a health service that the health care organization provides or a program that the health care organization operates. (3) The notice required by subsection (2) must include the following information: (a) with respect to any individual to whom the critical incident relates, the following: (i) the individual’s name; (ii) the individual’s date of birth; 7 CRITICAL INCIDENT, 2023 c P-30.3 Reg 2 (iii) the individual’s health services number, if applicable; (iv) the individual’s Canadian Armed Forces number, if applicable; (b) a summary of the facts that led to the critical incident; (c) a summary of the health status of the individual to whom the critical incident relates: (i) before the critical incident; and (ii) after the critical incident; (d) the actions that the health care organization has taken with respect to the critical incident; (e) a statement as to whether the critical incident has been reported to any organization that is not part of the health care organization or the provincial health authority, and, if so, the name of the organization. (4) The notice required by subsection (2) must not include any information that would reasonably be expected to identify: (a) any health care provider involved in providing health services to any individual to whom the critical incident relates or in operating a program to which the critical incident relates; or (b) any other individual who has knowledge of the critical incident. (5) The health care organization shall submit the notice required by subsection (2) to the provincial health authority: (a) within 3 business days, or as soon as possible thereafter, after the day on which: (i) the subject event occurred; or (ii) the health care organization became aware of the event; and (b) by any method set out in the guideline. (6) The provincial health authority shall give written notice of the critical incident to the minister: (a) within 3 business days after the day on which the provincial health authority receives notice pursuant to subsection (2) from the health care organization; and (b) by any method set out in the guideline. (7) The notice required by subsection (6) must be in the form set out in Appendix C of the guideline and include the following information: (a) a summary of the facts that led to the critical incident; (b) a summary of the health status of the individual to whom the critical incident relates: (i) before the critical incident; and (ii) after the critical incident; 8 c P-30.3 Reg 2 CRITICAL INCIDENT, 2023 (c) the actions that the health care organization and the provincial health authority have taken with respect to the critical incident; (d) a statement as to whether the critical incident has been reported to any organization that is not part of the health care organization or the provincial health authority, and, if so, the name of the organization; (e) any other information required by Appendix C of the guideline. (8) The notice required by subsection (6) must not include any information that would reasonably be expected to identify: (a) any individual to whom the critical incident relates; (b) any health care provider involved in providing health services to any individual described in clause (a) or in operating a program to which the critical incident relates; or (c) any other individual who has knowledge of the critical incident. 28 Apr 2023 c P-30.3 Reg 2 s6. Investigation and report of critical incident – facility or service of health care organization 7(1) A health care organization, in collaboration with the provincial health authority, shall: (a) investigate each critical incident described in subsection 6(2); and (b) prepare a written report with respect to the critical incident. (2) For the purposes of the investigation mentioned in subsection (1), each of the health care organization and the provincial health authority: (a) is authorized to provide the other with any information that may reasonably be required to conduct the investigation, including: (i) personal health information as defined in The Health Information Protection Act; and (ii) personal information as defined in The Local Authority Freedom of Information and Protection of Privacy Act; and (b) shall provide the other with a copy of any record, report or other document that it has prepared or has caused to be prepared in connection with the critical incident. (3) The report required by subsection (1) must be in the form set out in Appendix D of the guideline and include the following information: (a) a complete description of the circumstances and facts that led to the critical incident; (b) a statement identifying any current practice, procedure or factor involved in the provision of the health service or the operation of the program that: (i) contributed to the occurrence of the critical incident; and (ii) if corrected or modified, may prevent the occurrence of a similar critical incident in the future; 9 CRITICAL INCIDENT, 2023 c P-30.3 Reg 2 (c) a description of the actions taken by the health care organization as a result of the investigation; (d) any recommended actions arising from the investigation, together with the following information for each recommended action: (i) the category of effectiveness for the recommended action; (ii) the system level response category for the recommended action; (iii) the title of the individual responsible for implementing the recommended action; (iv) the target deadline for implementing the recommended action; (v) the implementation status of the recommended action; (e) an explanation of how the effectiveness of each recommended action will be monitored after implementation, including the duration and frequency of data collection and the title of the individual responsible for data collection; (f) any other information required by Appendix D of the guideline. (4) The health care organization may disclose to a patient or the patient’s family the actions taken and intended to be taken by the health care organization as a result of an investigation pursuant to this section, and that disclosure does not constitute a waiver of the privilege set out in section 8-2 of the Act. (5) The report required by subsection (1) must not include any information that would reasonably be expected to identify: (a) any individual to whom the critical incident relates; (b) any health care provider involved in providing health services to any individual described in clause (a) or in operating a program to which the critical incident relates; or (c) any other individual who has knowledge of the critical incident. (6) The health care organization shall: (a) complete its report as soon as is reasonably practicable after completing its investigation; and (b) submit its report to the provincial health authority without delay after completing the report. (7) The provincial health authority shall submit the report required by subsection (1) to the minister, together with a description of the actions taken and intended to be taken by the provincial health authority as a result of the investigation. (8) If the provincial health authority cannot complete and submit its report to the minister within 60 days after the day on which the provincial health authority became aware of the subject event, the provincial health authority shall advise the minister of the delay, the reasons for the delay and the anticipated date of completion of the report, which is to be not later than 180 days after the day on which the provincial health authority became aware of the event. 28 Apr 2023 c P-30.3 Reg 2 s7. 10 c P-30.3 Reg 2 CRITICAL INCIDENT, 2023 PART 4 Cancer Agency Notice of critical incident – facility or service of cancer agency 8(1) The cancer agency shall give written notice to the minister of any critical incident that occurs: (a) in a facility that the cancer agency operates; or (b) in relation to a health service that the cancer agency provides or a program that the cancer agency operates. (2) The notice required by subsection (1) must be in the form set out in Appendix C of the guideline and include the following information: (a) a summary of the facts that led to the critical incident; (b) a summary of the health status of the individual to whom the critical incident relates: (i) before the critical incident; and (ii) after the critical incident; (c) the actions that the cancer agency has taken with respect to the critical incident; (d) a statement as to whether the critical incident has been reported to any organization that is not part of the cancer agency, and, if so, the name of the organization; (e) any other information required by Appendix C of the guideline. (3) The notice required by subsection (1) must not include any information that would reasonably be expected to identify: (a) any individual to whom the critical incident relates; (b) any health care provider involved in providing health services to any individual described in clause (a) or in operating a program to which the critical incident relates; or (c) any other individual who has knowledge of the critical incident. (4) The cancer agency shall submit the notice required by subsection (1) to the minister: (a) within 3 business days, or as soon as possible thereafter, after the day on which: (i) the subject event occurred; or (ii) the cancer agency became aware of the event; and (b) by any method set out in the guideline. 28 Apr 2023 c P-30.3 Reg 2 s8. 11 CRITICAL INCIDENT, 2023 c P-30.3 Reg 2 Investigation and report of critical incident – facility or service of cancer agency 9(1) The cancer agency shall: (a) investigate each critical incident described in subsection 8(1); and (b) prepare a written report with respect to the critical incident. (2) The report required by subsection (1) must be in the form set out in Appendix D of the guideline and include the following information: (a) a complete description of the circumstances and facts that led to the critical incident; (b) a statement identifying any current practice, procedure or factor involved in the provision of the health service or the operation of the program that: (i) contributed to the occurrence of the critical incident; and (ii) if corrected or modified, may prevent the occurrence of a similar critical incident in the future; (c) a description of the actions taken by the cancer agency as a result of the investigation; (d) any recommended actions arising from the investigation, together with the following information for each recommended action: (i) the category of effectiveness for the recommended action; (ii) the system level response category for the recommended action; (iii) the title of the individual responsible for implementing the recommended action; (iv) the target deadline for implementing the recommended action; (v) the implementation status of the recommended action; (e) an explanation of how the effectiveness of each recommended action will be monitored after implementation, including the duration and frequency of data collection and the title of the individual responsible for data collection; (f) any other information required by Appendix D of the guideline. (3) The cancer agency may disclose to a patient or the patient’s family the actions taken and intended to be taken by the cancer agency as a result of an investigation pursuant to this section, and that disclosure does not constitute a waiver of the privilege set out in section 8-2 of the Act. (4) The report required by subsection (1) must not include any information that would reasonably be expected to identify: (a) any individual to whom the critical incident relates; (b) any health care provider involved in providing health services to any individual described in clause (a) or in operating a program to which the critical incident relates; or (c) any other individual who has knowledge of the critical incident. 12 c P-30.3 Reg 2 CRITICAL INCIDENT, 2023 (5) The cancer agency shall: (a) complete its report as soon as is reasonably practicable after completing its investigation; and (b) submit its report to the minister without delay after completing the report. (6) If the cancer agency cannot complete and submit its report to the minister within 60 days after the day on which the cancer agency became aware of the subject event, the cancer agency shall advise the minister of the delay, the reasons for the delay and the anticipated date of completion of the report, which is to be not later than 180 days after the day on which the cancer agency became aware of the event. (7) After receiving the cancer agency’s report, the minister may request clarification or additional information respecting any part of the report, and the cancer agency shall provide that clarification or additional information to the minister, within the time set by the minister. (8) If the minister directs, the cancer agency shall make any changes to its report that the minister considers necessary, within the time set by the minister, to bring the report into compliance with these regulations and the guideline. (9) At the times specified by the minister, the cancer agency shall provide updates to the minister on the implementation status of each recommended action identified in the report, until the implementation of the recommended action is complete. (10) After implementation of each recommended action and in accordance with the duration and frequency of data collection specified in the report, the cancer agency shall provide updates to the minister on the effectiveness of the recommended action. 28 Apr 2023 c P-30.3 Reg 2 s9. PART 5 Repeal and Coming into Force RRS c R-8.2 Reg 10 repealed 10 The Critical Incident Regulations, 2016 are repealed. 28 Apr 2023 c P-30.3 Reg 2 s10. Coming into force 11 These regulations come into force on the day on which they are filed with the Registrar of Regulations. 28 Apr 2023 c P-30.3 Reg 2 s11. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2023