S-4.2, r. 23.1 - Regulation respecting health services and social services that may be provided and activities that may be conducted from a distance

Updated to 23 August 2024

This document has official status.

not in force

chapter S-4.2, r. 23.1

Regulation respecting health services and social services that may be provided and activities that may be conducted from a distance

Act respecting health services and social services

(chapter S-4.2, s. 453.2).

Act to increase the supply of primary care services and to improve the management of that supply

(2022, chapter 16).

1. A health service or a social service provided by an institution, as well as a service insured under the plan instituted by the Health Insurance Act (chapter A-29) provided by a health professional, within the meaning of the Act, practising in a specialized medical centre referred to in subparagraph 1 of the first paragraph of section 333.3 of the Act respecting health services and social services (chapter S-4.2) or in a private health facility may be provided from a distance only if the following conditions are met:

(1)  the person receiving the service has consented to the service being provided from a distance;

(2)  the service does not require the person providing the service and the person receiving it to be present in person with one another, namely because it involves an examination or support that cannot be provided from a distance;

(3)  a contingency plan has been developed in case of problems with the technologies used to provide the service;

(4)  an in-person follow-up can be offered to the service user.

An activity organized by an institution can also be conducted form a distance. The conditions provided for in subparagraphs 1 to 3 of the first paragraph apply, with the necessary modifications.

M.O. 2024-016, s. 1.

2. Before requesting the consent required under subparagraph 1 of the first paragraph of section 1 from the person concerned, the person must be informed of the following:

(1)  the inherent limits of providing services or participating in an activity from a distance;

(2)  the means that can be used to communicate and their potential risks with regard to the confidentiality of personal information;

(3)  if applicable,

(a)  the place where the person can obtain in-person follow-up;

(b)  the fact that communications are recorded.

M.O. 2024-016, s. 2.

3. Despite subparagraph 1 of the first paragraph of section 1, consent is not required if the life of the person is in danger or the person’s integrity is threatened and the person’s consent cannot be obtained in due time.

M.O. 2024-016, s. 3.

4. The contingency plan referred to in subparagraph 3 of the first paragraph of section 1 may be a joint plan for all professionals practising in the same place of practice or in any place of practice operated by the same person or partnership.

M.O. 2024-016, s. 4.

5. The in-person follow-up referred to in subparagraph 4 of the first paragraph of section 1 in the case of a service provided by a health professional, within the meaning of the Health Insurance Act (chapter A-29), practising in a specialized medical centre or a private health facility, must be provided by one of the following professionals:

(1)  the professional concerned;

(2)  other professionals practising in the same place of practice as the professional concerned;

(3)  a professional practising in a place of practice whose operator has agreed, by agreement, to the implementation of a service corridor with the professional concerned, allowing in-person follow-up.

M.O. 2024-016, s. 5.

6. In addition to the conditions provided for in section 1, where a service provided from a distance requires the establishment of a therapeutic relationship between a professional and the person receiving the service involving long-term follow-up of all aspects of the person’s health, the professional must plan a subsequent in-person follow-up visit with the person.

M.O. 2024-016, s. 6.

7. For the purposes of the Act respecting health services and social services (chapter S-4.2), and for the purposes of the user’s record or the record kept by a professional, as the case may be, the services provided from a distance are deemed to have been provided in the place of practice of the professional who provided the service or in whose support the service was provided. In the case of professionals having more than one place of practice, the services are deemed to have been provided in the place where they would have been provided in person.

For the same purposes, activities conducted from a distance are deemed to have been conducted in the facility where they would have been conducted in person.

M.O. 2024-016, s. 7.

8. (Omitted).

M.O. 2024-016, s. 8.

REFERENCES

M.O. 2024-016, 2024 G.O. 2, 3538