April 30, 2001
Health Minister Dave Chomiak today proclaimed the Protection for Persons In Care Act which is new legislation designed to protect Manitobans in hospitals and personal care homes against physical, sexual, mental, emotional and financial abuse at the hands of family members, acquaintances or caregivers.
"The Protection for Persons in Care Act is an extra safeguard built into Manitoba’s high quality health care system," said the minister. "We now affirm in law the treatment we expect our loved ones to have, in a safe and secure environment free from the fear or reality of any type of abuse."
Under the legislation, those working in health facilities have a duty to report suspected abuse or the likelihood of abuse to the Protection for Persons in Care Office. Concerned citizens who suspect an abusive situation may contact the office which is located at 300 Carlton St., telephone, 788-6366 or toll-free 1-866-440-6366. (Hearing Impaired Access Line: 786-7132 or toll-free 1-800-855-0511)
The legislation creates a formal process for reporting, investigating and resolving allegations and suspicions of abuse in health care settings. The act itself protects employees from retribution for bringing incidents to the attention of authorities. It also protects employees from malicious reporting.
"I’m very pleased that this legislation builds in protection for employees who report incidents that need to be brought to light," said the minister. "In most cases employers and their employees will report a problem together and tap into the process provided for in this legislation. I think this is a balanced approach that provides for protection and co-operation."
The reporting process is straightforward. Concerned citizens can call the Protection for Persons in Care Office. The complaint will be assessed and checked. Under the law, an independent investigator will have the right to enter locations where a complaint has been made and gather information. Facility operators must comply with any direction given to protect a patient during the investigation. The investigator must complete their report within 30 days.
Following an investigation, criminal wrongdoing can be referred to the police and allegations of professional misconduct can be referred to a professional licensing body. Individuals who contravene the act can be fined up to $2,000 and corporations found to be in violation of the legislation can face fines of up to $30,000.
Operators of personal care homes and hospitals must maintain a reasonable level of safety and protect patients from abuse. In response to an investigation, the facility operator may be directed to take specific actions to protect patients from abuse. Operators are required to comply with any ministerial directions and provide a report on the action taken.
"The sick, frail and very old are among the most vulnerable members of our society," said Chomiak. "Adult patients and residents in Manitoba’s health care facilities deserve to be protected from abuse and cared for in a safe environment. It has always been expected that such incidents would be reported. Now it is enshrined in law."
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For more information about the Protection for Persons in Care Act, click here: http://www.gov.mb.ca/health/protection
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