IE
S.I. No. 236/2009 - Health Act 2007 (Care and Welfare of Residents In Designated Centres For Older People) Regulations 2009
Table of Provisions (40)
Statutory Text (40 Articles)
1. The prevention, detection and response to abuse;
2. Residents’ personal property and possessions;
3. Communication;
4. End of life care;
5. Recruitment, selection and vetting of staff;
6. Monitoring and documentation of nutritional intake;
7. Provision of information to residents;
8. The creation of, access to, retention of and destruction of records;
9. Health and safety, including food safety, of residents, staff and visitors;
10. Risk management;
11. The ordering, prescribing, storing and administration of medicines to residents;
12. The handling and disposal of unused or out of date medicines;
13. The handling and investigation of complaints from any person about any aspects of service, care and treatment provided in, or on behalf of a designated centre;
14. Missing persons;
15. Temporary absence and discharge of residents;
16. Emergencies;
17. Behaviour management; and
18. Admissions.
GIVEN under my Official Seal,
26 June 2009
MARY HARNEY,
Minister for Health and Children.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations contain provisions for the purposes of ensuring proper standards for designated centres for older people. The Regulations contain requirements in relation to the maintenance, care, welfare and well-being of persons resident; the numbers, qualifications and availability of persons employed in a designated centre; the design, repair, cleaning and cleanliness, ventilation, heating and lighting of and the accommodation provided; the food provided for residents; the records to be kept; the insurance contracts to be effected; the management and control of the operation of; notification of incidents occurring; notification of periods when the person in charge is absent and the procedures and arrangements put in place for these periods; and the arrangements for dealing with complaints in a designated centre.
19. The arrangements made for contact between residents and their relatives, friends and/or carers.
20. The arrangements made for dealing with complaints.
21. The arrangements made for dealing with reviews of the resident’s plan referred to in article 8(1).
22. The number and size of rooms in the designated centre.
23. Details of any specific therapeutic techniques used in the designated centre and arrangements made for their supervision.
24. The arrangements made for respecting the privacy and dignity of residents.
25. Any separate facilities for day care.
SCHEDULE 2 DOCUMENTS TO BE HELD IN RESPECT OF PERSONS MANAGING OR WORKING AT A DESIGNATED CENTRE
26. (1) The registered provider shall ensure that the designated centre is adequately insured against accidents or injury to residents, staff and visitors.
(2) The registered provider shall ensure that insurance cover is put in place against loss or damage to the property of residents. The liability to any resident shall not exceed €1,000 for any one item except where the property was deposited by or on behalf of the resident expressly for safe custody with the registered provider or some servant of them authorised, or appearing to be authorised if so required by the registered provider or that servant, in a container fastened or sealed by the depositor.
(3) The registered provider shall ensure that insurance cover is put in place against loss or damage to the assets and delivery of the service.
(4) The registered provider shall ensure that out-sourced providers are appropriately insured.
Part 8 The management and control of the operations of a designated centre
Operating Policies and Procedures
27. (1) The registered provider shall ensure that the designated centre has all of the written and operational policies listed in Schedule 5.
(2) The registered provider shall ensure that all written operational policies and procedures of a designated centre are reviewed on the recommendation of the Chief Inspector and at least every three years and shall have due regard to any recommendations made by the Chief Inspector.
Contract for the Provision of Services
28. (1) The registered provider shall agree a contract with the resident within one month of the admission of that resident to the designated centre.
(2) Such contract shall deal with the care and welfare of the resident in the designated centre and shall include details of the services to be provided for that resident and the fees to be charged.
Temporary Absence and Discharge of Residents
29. (1) When a resident is temporarily absent from a designated centre for treatment at another designated centre, hospital or other place, the person in charge of the designated centre from which the resident is temporarily absent shall ensure that all relevant information about the resident is provided to the receiving designated centre, hospital or other place.
(2) When a resident returns from another designated centre, hospital or other place, the person in charge of the designated centre from which the resident was temporarily absent shall ensure that all relevant information about the resident is obtained from the other designated centre, hospital or other place.
(3) The person in charge shall ensure that, insofar as practicable, residents are discharged from the centre in a planned and safe manner and discharges are discussed, planned for and agreed with the residents and, where appropriate, with their family and/or carer.
Health and Safety
30. The registered provider shall ensure that a designated centre has written operational policies and procedures relating to the health and safety, including food safety, of residents, staff and visitors.
Risk Management Procedures
31. (1) The registered provider shall ensure that the designated centre has a comprehensive written risk management policy in place and that it is implemented throughout the designated centre.
(2) The registered provider shall ensure that the risk management policy covers, but is not limited to, the following
(
a
) the identification and assessment of risks throughout the designated centre;
(
b
) the precautions in place to control the risks identified;
(
c
) the precautions in place to control the following specified risks
(i) resident absent without leave;
(ii) assault;
(iii) accidental injury to residents or staff;
(iv) aggression and violence;
(v) self-harm; and
(
d
) arrangements for the identification, recording, investigation and learning from serious or untoward incidents or adverse events involving residents.
(3) The registered provider shall ensure that there is an emergency plan in place for responding to emergencies.
(4) The registered provider shall
(
a
) take all reasonable measures to prevent accidents to any person in the designated centre and in the grounds of the designated centre;
(
b
) ensure that handrails are provided in circulation areas and that grab-rails are provided in bath, shower and toilet areas;
(
c
) ensure that handrails are on both sides of stair cases except where a stairlift is provided;
(
d
) ensure that, where residents are maintained on two, or more, floors a lift is provided;
(
e
) ensure that safe floor covering is provided; and
(
f
) ensure staff are trained in the moving and handling of residents.
Fire Precautions and Records
32. (1) The registered provider shall
(
a
) take adequate precautions against the risk of fire, including the provision of suitable fire equipment;
(
b
) provide adequate means of escape;
(
c
) make adequate arrangements for
(i) detecting, containing and extinguishing fires;
(ii) giving warnings of fires;
(iii) the evacuation, in the event of fire, of all persons in the designated centre and safe placement of residents;
(iv) the maintenance of all fire equipment;
(v) reviewing fire precautions, and testing fire equipment, at suitable intervals;
(
d
) make arrangements for persons working at the designated centre to receive suitable training in fire prevention;
(
e
) ensure, by means of fire drills and practices at suitable intervals, that the persons working at the designated centre and, insofar as is reasonably practicable, residents, are aware of the procedure to be followed in the case of fire, including the procedure for saving life; and
(
f
) provide to the Chief Inspector together with the application for registration or renewal of registration, written confirmation from a competent person that all the requirements of the statutory fire authority have been complied with.
(2) In every designated centre there shall be kept in a safe and accessible place a record of
(
a
) all fire practices which take place at the designated centre;
(
b
) all fire alarm tests carried out at the designated centre together with the result of any such test and the action taken to remedy defects; and
(
c
) the number, type and maintenance record of fire-fighting equipment.
(3) The procedures to be followed in the event of fire shall be displayed in a prominent place in the designated centre.
Ordering, Prescribing, Storing and Administration of Medicines
33. (1) The registered provider shall ensure that the designated centre has appropriate and suitable practices and written operational policies relating to the ordering, prescribing, storing and administration of medicines to residents. The person in charge shall ensure that staff are familiar with such policies and procedures.
(2) The registered provider shall ensure that there are suitable arrangements and appropriate procedures and written policies in accordence with current regulations, guidelines and legislation for the handling and disposal of unused or out of date medicines. The person in charge shall ensure that staff are familiar with such procedures and policies.
Volunteers
34. The person in charge shall ensure that volunteers working in a designated centre
(
a
) have their roles and responsibilities set out in a written agreement between the designated centre and the individual;
(
b
) receive supervision and support; and
(
c
) are vetted appropriate to their role and level of involvement in the designated centre.
Review of Quality and Safety of Care and Quality of Life
35. (1) The registered provider shall establish and maintain a system for
(
a
) reviewing the quality and safety of care provided to, and the quality of life of, residents in the designated centre at appropriate intervals; and
(
b
) improving the quality of care provided at, and the quality of life of residents in, the designated centre.
(2) The registered provider shall make a report in respect of any review conducted by them for the purposes of article 35(1), and make a copy of the report available to residents and, if requested, to the Chief Inspector.
(3) The system referred to in article 35(1) shall provide for consultation with residents and their representatives.
Part 9 The notification of incidents occurring in designated centres
Notification of Incidents
36. (1) The person in charge shall maintain a record of all incidents occurring in the designated centre.
(2) The person in charge shall ensure that notice is given to the Chief Inspector without delay of the occurrence in the designated centre of
(
a
) the death of any resident under the age of 70 including the circumstances of the resident’s death;
(
b
) outbreaks of any infectious disease;
(
c
) any serious injury to a resident;
(
d
) any unexplained absence of a resident from the designated centre;
(
e
) any allegation, suspected or confirmed abuse of any resident; and
(
f
) any allegation of misconduct by the registered provider or any person who works in the designated centre.
(3) Any notice made in accordance with this article that is given orally shall be confirmed in writing within three working days of the occurrence of the incident.
(4) The person in charge shall ensure that a written report is provided to the Chief Inspector at the end of each quarter in the event of the occurrence in the designated centre of
(
a
) any recurring pattern of theft or reported burglary;
(
b
) any accident;
(
c
) any fire, or loss of power, heating or water;
(
d
) any incident where evacuation of the designated centre took place; and
(
e
) any other incident that the Chief Inspector may prescribe.
(5) Records kept under this article shall be retained for a period of not less than seven years after the incident to which they relate or the resident(
s
) to whom they relate cease(
s
) to be resident in the designated centre, whichever is longer.
Part 10 The Notification of periods when the person in charge is absent from the designated centre
Notification of periods when the Person in Charge is absent from a Designated Centre
37. (1) Where the person in charge of the designated centre proposes to be absent from the designated centre for a continuous period of 28 days or more, the registered provider shall give notice in writing to the Chief Inspector of the proposed absence.
(2) Except in the case of an emergency, the notice referred to in article 37(1) above shall be given no later than one month before the proposed absence commences or within such shorter period as may be agreed with the Chief Inspector and the notice shall specify
(
a
) the length or expected length of the absence; and
(
b
) the date of leaving and date of expected return.
(3) Where the absence arises as a result of an emergency, the registered provider shall give notice in writing to the Chief Inspector of the absence within three working days of its occurrence specifying the matters mentioned in article 37(1) above.
(4) The registered provider shall notify the Chief Inspector of the return to duty of the person in charge not later than three working days after the date of their return.
Part 11 The Notification of the procedures and arrangements for periods when the person in charge is absent from the designated centre
Notification of the procedures and arrangements for periods when the person in charge is absent from a Designated Centre
38. (1) Where the registered provider gives notice of the absence of the person in charge, from the designated centre under articles 37(1) or 37(2) above they shall give notice in writing to the Chief Inspector of the procedures and arrangements that will be in place for the management of the designated centre during their absence.
(2) The notice referred to in article 38(1) above shall specify
(
a
) the arrangements which have been or were made for the running of the designated centre during that absence;
(
b
) in the case of the absence of the person in charge, the arrangements that have been, or are proposed to be, made for appointing another person in charge to manage the designated centre during that absence, including the proposed date by which the appointment is to be made; and
(
c
) the name, address and qualifications of the person who will be or was responsible for the designated centre during that absence.
Part 12 Arrangements for dealing with complaints made by or on behalf of persons seeking, receiving or having received any of the services provided through the designated centres, and to publicise the arrangements
Complaints Procedures
39. (1) The registered provider shall ensure that the designated centre has written operational policies and procedures relating to the making, handling and investigation of complaints from any person about any aspects of service, care and treatment provided in, or on behalf of a designated centre.
(2) The complaints procedure shall contain an independent appeals process, the operation of which is included in the policies and procedures detailed in article 39(1) above.
(3) The registered provider shall ensure that each resident is made aware of the complaints procedure as soon as is practicable after admission.
(4) The registered provider shall ensure that the complaints procedure is displayed in a prominent position in the designated centre.
(5) The registered provider shall ensure that a nominated person is available in a designated centre to deal with all complaints.
(6) The registered provider shall ensure that all complaints are investigated promptly.
(7) The registered provider shall ensure that the nominated person maintains a record of all complaints detailing the investigation and outcome of the complaint and whether or not the resident was satisfied.
(8) The registered provider shall ensure that the complainant is informed promptly of the outcome of their complaint and details of the appeals process.
(9) The registered provider shall ensure that all complaints and the results of any investigations into the matters complained and any actions taken on foot of a complaint are fully and properly recorded and that such records shall be in addition to and distinct from a resident’s individual care plan.
(10) The registered provider shall ensure that a nominated person, independent to the person nominated in article 39(5) above, is available in a designated centre to ensure that
(
a
) all complaints are appropriately responded to; and
(
b
) the person nominated under article 39(5) above maintains the records specified under article 39(7).
(11) The registered provider shall ensure that any resident who has made a complaint is not adversely affected by reason of the complaint having been made.
(12) Records kept under article 39 shall be retained for a period of not less than seven years after the complaint has been investigated and the complainant is informed of the outcome of, and of the outcome of any appeal arising from, this investigation or seven years after the resident(
s
) to whom they relate cease(
s
) to be resident in the home, whichever is the longer.
SCHEDULE 1 INFORMATION TO BE INCLUDED IN THE STATEMENT OF PURPOSE
S.I. No. 236 of 2009
HEALTH ACT 2007 (CARE AND WELFARE OF RESIDENTS IN DESIGNATED CENTRES FOR OLDER PEOPLE) REGULATIONS 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
30
th June
, 2009.
I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by
section 101
of the
Health Act 2007
(No. 23 of 2007) hereby make the following regulations
PART 1
Citation