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NEWFOUNDLAND AND LABRADOR

REGULATION 15/01

Personal Care Home Regulations

under the

Health and Community Services Act

(O.C. 2000-626)

Amended by:

26/24

2024 c23 s44

NEWFOUNDLAND AND LABRADOR

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. Johns, January 24, 2001.

Julie Bettney

Minister of Health and Community Services

REGULATIONS

Analysis

Short title

Definitions

Application

Prohibition

Compliance

Fees and forms

Application for licence

Regional board review and licence

Licence term

Insurance

Inspectors and inspection

Records

Prohibition

Staff: health and safety

Policies, guidelines and standards

Service and notice

Emergency procedure

Commencement

Short title

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

15/01 s1

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Definitions

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 Digital Government and Service Newfoundland and Labrador 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 the persons 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)

"provincial health authority" means the Provincial Health Authority established under

section 6 of the Provincial Health Authority Act ;

(j)

"required form" means the information and form required by the minister in accordance with

section 6;

(k)

[Rep. by 26/24 s1]

(l)

"standards" mean the standards and requirements established under the Act, regulations and in accordance with policies and guidelines established under

section 15.

15/01 s2 ; 26/24 s1

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Application

These regulations do not apply to a

(

a) person who provides, in that persons 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.

15/01 s3 ; 26/24 s2

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Prohibition

(1) A person shall not provide personal care to adults in the persons 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 the persons home or own or operate a personal care home without a licence.

15/01 s4 ; 26/24 s3

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Compliance

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.

15/01 s5

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Fees and forms

The minister may set fees and establish forms

and the information required to accompany those forms for the purposes and administration of these regulations.

15/01 s6

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Application for licence

(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 services centre shall forward to the provincial health authority information respecting the application that does not relate to the proposed personal care home property or premises structure, renovation, alteration or construction.

(3) 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 provincial health authority 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.

15/01 s7 ; 26/24 s4

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Regional board review and licence

(1) Upon receipt of the information forwarded to it under subsection 7(2), the provincial health authority shall review the 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) The provincial health authority may issue a licence where the provincial health authority has

(

a) completed a review under subsection (1 );

(

b) received a notice of acceptance or rejection under subsection 7(6); and

(

c) determined that there is a need or an anticipated need for a personal care home in the area where the personal care home is proposed to be located.

(2.1) The provincial health authority may renew a licence where the provincial health authority has

(

a) completed a review under subsection (1); and

(

b) received a notice of acceptance or rejection under subsection 7(6).

(3) Where a decision is made to not issue a licence to an applicant under subsection 8(2) or to not renew the licence of an applicant under subsection 8(2.1), the provincial health authority shall, in writing,

notify the applicant of the decision and shall indicate the reasons for not issuing or renewing the licence .

(4) (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) provincial health authority 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), (2.1) and (6), the provincial health authority 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.

15/01 s8 ; 26/24 s5

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Licence term

(1)A licence issued or renewed under

section 8 is valid for one year.

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

(3) The provincial health authority 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) 15/01 s9 ; 26/24 s6

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Insurance

(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.

15/01 s10

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Inspectors and inspection

(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) The provincial health authority, 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) (

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), the inspector 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.

15/01 s11 ; 26/24 s7

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Records

(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 provincial health authority or an employee of the provincial health authority 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.

15/01 s12 ; 26/24 s8

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Prohibition

(1)A person who requires the constant, daily, on site professional care of a registered nurse, nurse practitioner 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 the person in a long-term care facility.

(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 the person in a long-term care facility.

(4) In this section, "suitable space" means a space, room or bed that in the opinion of the provincial health authority meets the needs of the person being considered for that space, room or bed.

15/01 s13 ; 26/24 s9 ; 2024 c23 s44

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Staff: health and safety

(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 the staff 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 the inspectors request for that information.

15/01 s14 ; 26/24 s10

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Policies, guidelines and standards

(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).

15/01 s15

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Service and notice

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.

15/01 s16

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Emergency procedure

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

15/01 s17

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Commencement

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

15/01 s18

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