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Newfoundland Regulation 2001


NEWFOUNDLAND REGULATION 15/01

NEWFOUNDLAND REGULATION 15/01

Personal Care Home Regulations
under the
Health and Community Services Act
(O.C. 2000-626)

(Filed January 30, 2001)

Under the authority of paragraphs 11(1)(h) and (ll) and subsection 11(5) of the Health and Community Services Act, I make the following regulations.

Dated at St. Johnís, January 24, 2001

Julie Bettney
Minister of Health and Community Services

REGULATIONS

Analysis


††††††† 1. Short title

††††††† 2. Definitions

††††††† 3. Application

††††††† 4. Prohibition

††††††† 5. Compliance

††††††† 6. Fees and forms

††††††† 7. Application for licence

††††††† 8. Regional board review and licence

††††††† 9. Licence term

††††† 10. Insurance

††††† 11. Inspectors and inspection

††††† 12. Records

††††† 13. Prohibition

††††† 14. Staff: health and safety

††††† 15. Policies, guidelines and standards

††††† 16. Service and notice

††††† 17. Emergency procedure

††††† 18. Commencement


Short title

††††††† 1. These regulations may be cited as the Personal Care Home Regulations.

Definitions

††††††† 2. In these regulations

†††††††††††† (a)"Act" means the Health and Community Services Act;

†††††††††††† (b)"adult" means a person who is 19 or more years of age;

†††††††††††† (c)"daily living activities" include bathing, dressing, feeding, elimination and ambulation;

†††††††††††† (d)"government services centre" means the government services centre of the Department of Government Services and Lands established under the Executive Council Act;

†††††††††††† (e)"licence" means a licence issued under section 8;

††††††††††††† (f)" licensee" means a person who holds a licence;

†††††††††††† (g)"personal care" means care and assistance provided to assist a person with his or her daily living activities;

†††††††††††† (h)"personal care home" means a premises, place or private residence in which personal care is provided, for remuneration, to 5 or more adults;

††††††††††††† (i)"regional board" means a regional board established under section 4 of the Act and a hospital board established under section 4 of the Hospitals Act that has responsibility for the region or area in which a personal care home is or is proposed to be located;

††††††††††††† (j)"required form" means the information and form required by the minister in accordance with section 6;

†††††††††††† (k)"scheduled hospital" means a scheduled hospital as defined in the Hospitals Act; and

††††††††††††† (l)"standards" mean the standards and requirements established under the Act, regulations and in accordance with policies and guidelines established under section 15.

Application

††††††† 3. These regulations do not apply to a

†††††††††††† (a)person who provides, in his or her home, personal care to not more than 4 adults;

†††††††††††† (b)person who rents a room, apartment or other living space, whether or not board is provided, to an adult who does not require personal care; and

†††††††††††† (c)hotel, motel, bed and breakfast or similar lodging facility.

Prohibition

††††††† 4. (1) A person shall not provide personal care to adults in his or her home or own or operate a personal care home unless that person provides personal care and operates that home in accordance with the Act, other Acts of the province, these regulations and required standards for personal care and personal care homes.

†††††††††††† (2)A person shall not provide personal care to adults in his or her home or own or operate a personal care home without a licence.

Compliance

††††††† 5. A licensee shall comply with standards for personal care and the establishment and operation of personal care homes that are required under these regulations and by the minister.

Fees and forms

††††††† 6. The minister may set fees and establish forms and the information required to accompany those forms for the purposes and administration of these regulations.

Application for licence

††††††† 7. (1) A person may, in the required form, apply to the appropriate government services centre for a licence or a renewal of a licence.

†††††††††††† (2)Upon receipt of an application under subsection (1), the government service centre shall forward to the regional board information respecting the application that does not relate to the proposed personal care home property or premises structure, renovation, alteration or construction.

†††††††††††† (3)An application for a licence or a renewal of a licence shall include written proof that all requirements under the Act and regulations to comply with national building, fire and electrical codes and the Buildings Accessibility Act have been met.

†††††††††††† (4)The government services centre shall review an application received under subsection (1) to ensure that the proposed personal care home premises comply with the Act, another Act of the province and these regulations and for that purpose may inspect the premises and property of the proposed personal care home.

†††††††††††† (5)Where an application has been reviewed under subsection (4), the government services centre shall determine if the proposed personal care home premises and property comply with the Acts and regulations referred to in that subsection and shall accept or reject the application.

†††††††††††† (6)The government services centre shall notify the regional board of its acceptance or rejection of an application under subsection (5).

†††††††††††† (7)Notwithstanding paragraph 3(a), a person described in that paragraph may apply for a licence under subsection (1) and where that application is made, these regulations apply to that person.

Regional board review and licence

††††††† 8. (1) Upon receipt of information forwarded to it under subsection 7(2), a regional board shall review that information with respect to personal care provision and staffing for compliance with the Act, another Act of the province, these regulations and required standards for personal care and staffing and for that purpose may interview the applicant and other persons relevant to the application for a licence or renewal of a licence.

†††††††††††† (2)Following a review under subsection (1) and after receipt of a notice of acceptance or rejection under subsection 7(6), the regional board shall determine if an application for a licence is accepted or rejected and may issue a licence or a renewed licence to the person who applied for the licence under subsection 7(1).

†††††††††††† (3)A regional board shall, in writing, notify the applicant for a licence of a rejection under subsection (2) and shall indicate the reasons for that rejection.

†††††††††††† (4)A licence may be issued subject to those terms and conditions that the regional board considers advisable and in accordance with the standards required by the department.

†††††††††††† (5)Access to a personal care home by an inspector or other person or group of persons whom the minister may designate is a condition of a licence issued under these regulations.

†††††††††††† (6)Notwithstanding subsections 7(3), (4) and (5) and this section, a premises, place or private residence in which, under the Act, personal care was offered to adults immediately before the coming into force of these regulations may, with the prior written approval of the minister be granted a licence under these regulations where the

†††††††††††† (a)premises, place or private residence do not comply with the building and other standards required by the regulations and the department; and

†††††††††††† (b)regional board that issues that licence is satisfied that the personal care, safety and well being of the residents of the premises, place or private residence will not be compromised.

†††††††††††† (7)Notwithstanding subsections (2) and (6), a regional board shall not make a decision under those subsections that is contrary to a decision that the government services centre may make with respect to building and other safety requirements applicable to a building or premises unless that government services centre agrees, in writing, with that decision.

Licence term

††††††† 9. (1) A first licence issued under subsection 8(2) is valid for one year and may be renewed for further periods of 3 years.

†††††††††††† (2)A licence is not transferable to another person or place of operation.

†††††††††††† (3)A regional board may suspend or cancel a licence or refuse to renew a licence for a failure of a licensee to operate a personal care home in accordance with the Act, another Act of the province, these regulations and required standards for personal care and personal care homes.

†††††††††††† (4)A licence suspended under subsection (3) may be reinstated by the regional board subject to terms and conditions to ensure that the health, safety and well being of the residents of the personal care home to which the licence applies is not compromised and the licence may be suspended until the standards required by the department are met.

Insurance

††††† 10. (1) A person shall not operate a personal care home unless that person is insured by commercial general liability insurance or its equivalent as required by the minister.

†††††††††††† (2)Proof of a current policy held under subsection (1) shall be filed at the personal care home to which it applies or where there is a business office with respect to the management of a personal care home, at that office.

Inspectors and inspection

††††† 11. (1) The minister may determine the education, experience and other qualifications and training required by an inspector appointed under the Act to carry out inspections of personal care homes.

†††††††††††† (2)A regional board, in consultation with the government services centre may determine the frequency and location of inspections that an inspector shall make in order to ensure compliance with these regulations and the required standards.

†††††††††††† (3)An inspector may enter onto personal care home premises at any time.

†††††††††††† (4)Where it is reasonably necessary to ensure compliance with these regulations and the terms and conditions of a licence an inspector may

†††††††††††† (a)require the production of books, records or other documents applicable to a personal care home and residents of that home;

†††††††††††† (b)perform tests, take photographs and make audio and audio-visual recordings with respect to personal care and a personal care home; and

†††††††††††† (c)inquire into all matters relating to personal care of residents in a personal care home, the personal care home, its employees, former employees and volunteers.

†††††††††††† (5)Where an inspector removes books, records or other documents under subsection (4), he or she shall give a receipt for them to the person from whom they were taken and shall immediately make copies of those items and return the originals to the person who was given the receipt.

Records

††††† 12. (1) A licensee shall maintain records pertaining to an adult receiving personal care that the minister may require.

†††††††††††† (2)A licensee shall maintain records respecting the most recent fire and health inspections of the personal care home.

†††††††††††† (3)A record of injuries and incidents that occur with respect to an adult receiving personal care shall be completed in the required form.

†††††††††††† (4)The records required under subsections (1), (2) and (3) shall, upon request, be made available to an inspector.

†††††††††††† (5)A person shall not, without the consent of the executive director or chief executive officer of the appropriate regional board or an employee of that board whom the executive director or chief executive officer may designate, destroy, alter, deface or obliterate a record required under this section and section 14.

†††††††††††† (6)Where a personal care home ceases operations, staff and other records referred to in this section and section 14 shall be maintained and stored as the minister may require.

Prohibition

††††† 13. (1) A person who requires the constant, daily, on site professional care of a registered nurse or physician shall not reside in a personal care home.

†††††††††††† (2)Notwithstanding subsection (1), where, immediately before the coming into force of these regulations, a person described in that subsection resides in a personal care home, that person may continue to reside in that home after the coming into force of these regulations until a suitable space is available for him or her in a scheduled hospital.

†††††††††††† (3)Notwithstanding subsection (1), where the condition of a person who resides in a personal care home deteriorates and consequently that person becomes a person described in that subsection, that person may continue to reside in that home until a suitable space is available for him or her in a scheduled hospital.

†††††††††††† (4)In this section, "suitable space" means a space, room or bed that in the opinion of the appropriate regional board meets the needs of the person being considered for that space, room or bed.

Staff: health and safety

††††† 14. (1) A licensee shall have for staff of a personal care home

†††††††††††† (a)a current record of immunization;

†††††††††††† (b)a current certificate of conduct from the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police; and

†††††††††††† (c)evidence that he or she has the first aid and other certifications that the minister may require.

†††††††††††† (2)Information relating to a personal care provider at a personal care home shall be retained on file at the premises of that personal care home and shall be made available to an inspector upon his or her request for that information.

Policies, guidelines and standards

††††† 15. (1) The minister shall establish policies and guidelines with respect to the standards required for the licensing of a personal care home, the number and qualifications of staff, the provision of personal care and the building, structure, facilities and operation of personal care homes.

†††††††††††† (2)The minister may adopt national, health, nutrition, safety, building, fire and electrical codes and guidelines or a part of them as required standards for personal care home licensing and operation.

†††††††††††† (3)A licensee shall, with respect to a personal care home, comply with the requirements established under subsections (1) and (2).

Service and notice

††††† 16. Where, in the Act or regulations service upon or notification to a person is required, that service or notification shall be made in person or by registered mail at the last known address of the person, and where that person is a corporation, that service or notification shall be made in the same manner upon a director or chief executive officer of that corporation.

Emergency procedure

††††† 17. A personal care home shall carry out monthly fire and emergency evacuation procedures in accordance with the required standards.

Commencement

††††† 18. These regulations shall come into force on June 1, 2001.