IE
S.I. No. 367/2013 - Health Act 2007 (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013.
Table of Provisions (35)
Statutory Text (35 Articles)
1. Adequate private and communal accommodation for residents, including adequate social, recreational, dining and private accommodation.
2. Rooms of a suitable size and layout suitable for the needs of residents.
3. Adequate space and suitable storage facilities, insofar as is reasonably practicable, for the personal use of residents.
4. Communal space for residents suitable for social, cultural and religious activities appropriate to the circumstances of residents.
5. Suitable storage.
6. Ventilation, heating and lighting suitable for residents in all parts of the designated centre which are used by residents.
7. A separate kitchen area with suitable and sufficient cooking facilities, kitchen equipment and tableware.
8. Baths, showers and toilets of a sufficient number and standard suitable to meet the needs of residents.
9. Suitable arrangements for the safe disposal of general and clinical waste where required.
10. Adequate facilities, insofar as is reasonably practicable, for residents to launder their own clothes if they so wish.
GIVEN under my Official Seal,
29 October 2013.
JAMES REILLY,
Minister for Health.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations set down requirements in relation to the maintenance, care, support, and well being of residents, the staff employed at such centres, the premises of such centres, the food served to residents, the information and records to be kept, the management and control of operations, the notification of incidents and complaints.
These Regulations are made under
sections 98
and
101
of the
Health Act 2007
.
These Regulations may be cited as the Health Act 2007 (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013.
11. Staff training and development.
12. Monitoring and documentation of nutritional intake.
13. Provision of information to residents.
14. The creation of, access to, retention of, maintenance of and destruction of records.
15. Health and safety, including food safety, of residents, staff and visitors.
16. Risk management and emergency planning.
17. Medication management.
18. The handling and investigation of complaints from any person about any aspects of service, care, support and treatment provided in, or on behalf of a designated centre.
19. Education policy which complies with relevant legislation in respect of the education needs of children with disabilities (in centres where children reside).
20. Access to education, training and development.
21. CCTV (in designated centres where CCTV systems are in use).
Regulation 17
SCHEDULE 6Matters to be Provided for in Premises of Designated Centre
22. (1) The registered provider shall effect a contract of insurance against injury to residents.
(2) The registered provider may insure against other risks in the designated centre, including loss or damage to property and where such insurance is effected the residents shall be advised accordingly.
PART 7Management and Control of Operations
Governance and management
23. (1) The registered provider shall ensure that—
(
a
) the designated centre is resourced to ensure the effective delivery of care and support in accordance with the statement of purpose;
(
b
) there is a clearly defined management structure in the designated centre that identifies the lines of authority and accountability, specifies roles, and details responsibilities for all areas of service provision;
(
c
) management systems are in place in the designated centre to ensure that the service provided is safe, appropriate to residents’ needs, consistent and effectively monitored;
(
d
) there is an annual review of the quality and safety of care and support in the designated centre and that such care and support is in accordance with standards;
(
e
) that the review referred to in subparagraph (
d
) shall provide for consultation with residents and their representatives; and
(
f
) that a copy of the review referred to in subparagraph (
d
) is made available to residents and, if requested, to the chief inspector.
(2) The registered provider, or a person nominated by the registered provider, shall carry out an unannounced visit to the designated centre at least once every six months or more frequently as determined by the chief inspector and shall—
(
a
) prepare a written report on the safety and quality of care and support provided in the centre and put a plan in place to address any concerns regarding the standard of care and support; and
(
b
) maintain a copy of the report made under subparagraph (
a
) and make it available on request to residents and their representatives and the chief inspector.
(3) The registered provider shall ensure that effective arrangements are in place to—
(
a
) support, develop and performance manage all members of the workforce to exercise their personal and professional responsibility for the quality and safety of the services that they are delivering; and
(
b
) facilitate staff to raise concerns about the quality and safety of the care and support provided to residents.
Admissions and contract for the provision of services
24. (1) The registered provider shall ensure that—
(
a
) each application for admission to the designated centre is determined on the basis of transparent criteria in accordance with the statement of purpose; and
(
b
) admission policies and practices take account of the need to protect residents from abuse by their peers.
(2) The person in charge shall ensure that each prospective resident and his or her family or representative are provided with an opportunity to visit the designated centre, as far as is reasonably practicable, before admission of the prospective resident to the designated centre.
(3) The registered provider shall, on admission, agree in writing with each resident, or their representative where the resident is not capable of giving consent, the terms on which that resident shall reside in the designated centre.
(4) The agreement referred to in paragraph (3) shall—
(
a
) include the support, care and welfare of the resident in the designated centre and details of the services to be provided for that resident and, where appropriate, the fees to be charged; and
(
b
) provide for, and be consistent with, the resident’s needs as assessed in accordance with Regulation 5(1) and the statement of purpose.
Temporary absence, transition and discharge of residents
25. (1) The person in charge shall ensure that, where a resident is temporarily absent from the designated centre, relevant information about the resident is provided to the person taking responsibility for the care, support and wellbeing of the resident at 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 take all reasonable actions to ensure that all relevant information about the resident is obtained from the person responsible for the care, support and wellbeing of the resident at the other designated centre, hospital or other place.
(3) The person in charge shall ensure that residents receive support as they transition between residential services or leave residential services through
(
a
) the provision of information on the services and supports available; and
(
b
) where appropriate, the provision of training in the life-skills required for the new living arrangement.
(4) The person in charge shall ensure that the discharge of a resident from the designated centre—
(
a
) is determined on the basis of transparent criteria in accordance with the statement of purpose;
(
b
) take place in a planned and safe manner;
(
c
) is in accordance with the resident’s needs as assessed in accordance with Regulation 5(1) and the resident’s personal plans;
(
d
) is discussed, planned for and agreed with the resident and, where appropriate, with the resident’s representative; and
(
e
) is in accordance with the terms and conditions of the agreement referred to in Regulation 24(3).
Risk management procedures
26. (1) The registered provider shall ensure that the risk management policy, referred to in paragraph 16 of Schedule 5, includes the following
(
a
) hazard identification and assessment of risks throughout the designated centre;
(
b
) the measures and actions in place to control the risks identified;
(
c
) the measures and actions in place to control the following specified risks
(i) the unexpected absence of any resident,
(ii) accidental injury to residents, visitors or staff,
(iii) aggression and violence, and
(iv) self-harm;
(
d
) arrangements for the identification, recording and investigation of, and learning from, serious incidents or adverse events involving residents; and
(
e
) arrangements to ensure that risk control measures are proportional to the risk identified, and that any adverse impact such measures might have on the resident’s quality of life have been considered.
(2) The registered provider shall ensure that there are systems in place in the designated centre for the assessment, management and ongoing review of risk, including a system for responding to emergencies.
(3) The registered provider shall ensure that all vehicles used to transport residents, where these are provided by the registered provider, are roadworthy, regularly serviced, insured, equipped with appropriate safety equipment and driven by persons who are properly licensed and trained.
Protection against infection
27. The registered provider shall ensure that residents who may be at risk of a healthcare associated infection are protected by adopting procedures consistent with the standards for the prevention and control of healthcare associated infections published by the Authority.
Fire precautions
28. (1) The registered provider shall ensure that effective fire safety management systems are in place.
(2) The registered provider shall—
(
a
) take adequate precautions against the risk of fire in the designated centre, and, in that regard, provide suitable fire fighting equipment, building services, bedding and furnishings;
(
b
) make adequate arrangements for—
(i) maintaining of all fire equipment, means of escape, building fabric and building services,
(ii) reviewing fire precautions, and
(iii) testing fire equipment; and
(
c
) provide adequate means of escape, including emergency lighting.
(3) The registered provider shall make adequate arrangements for—
(
a
) detecting, containing and extinguishing fires;
(
b
) giving warning of fires;
(
c
) calling the fire service; and
(
d
) evacuating, where necessary in the event of fire, all persons in the designated centre and bringing them to safe locations.
(4) The registered provider shall—
(
a
) make arrangements for staff to receive suitable training in fire prevention, emergency procedures, building layout and escape routes, location of fire alarm call points and first aid fire fighting equipment, fire control techniques and arrangements for the evacuation of residents; and
(
b
) ensure, by means of fire safety management and fire drills at suitable intervals, that staff and, in so far as is reasonably practicable, residents, are aware of the procedure to be followed in the case of fire.
(5) The person in charge shall ensure that the procedures to be followed in the event of fire are displayed in a prominent place and/or are readily available as appropriate in the designated centre.
Medicines and pharmaceutical services
29. (1) The registered provider shall ensure that a pharmacist of the resident’s choice, in so far as is practicable, or a pharmacist acceptable to the resident, is made available to each resident.
(2) The person in charge shall facilitate a pharmacist made available under paragraph (1) in meeting his or her obligations to the resident under any relevant legislation or guidance issued by the Pharmaceutical Society of Ireland. The person in charge shall provide appropriate support for the resident if required, in his/her dealings with the pharmacist.
(3) The person in charge shall ensure that, where a pharmacist provides a record of a medication-related intervention in respect of a resident, such record is kept in a safe and accessible place in the designated centre.
(4) The person in charge shall ensure that the designated centre has appropriate and suitable practices relating to the ordering, receipt, prescribing, storing, disposal and administration of medicines to ensure that—
(
a
) any medicine that is kept in the designated centre is stored securely;
(
b
) medicine which is prescribed is administered as prescribed to the resident for whom it is prescribed and to no other resident;
(
c
) out of date or returned medicines are stored in a secure manner that is segregated from other medicinal products, and are disposed of and not further used as medicinal products in accordance with any relevant national legislation or guidance; and
(
d
) storage and disposal of out of date, or unused, controlled drugs shall be in accordance with the relevant provisions in the Misuse of Drugs Regulations 1988 (
S.I. No. 328 of 1988
), as amended.
(5) The person in charge shall ensure that following a risk assessment and assessment of capacity, each resident is encouraged to take responsibility for his or her own medication, in accordance with his or her wishes and preferences and in line with his or her age and the nature of his or her disability.
Volunteers
30. The person in charge shall ensure that volunteers with the designated centre—
(
a
) have their roles and responsibilities set out in writing;
(
b
) receive supervision and support; and
(
c
) provide a vetting disclosure in accordance with the
National Vetting Bureau (Children and Vulnerable Persons) Act 2012
(No. 47 of 2012).
PART 8Notification of Incidents
Notification of incidents
31. (1) The person in charge shall give the chief inspector notice in writing within 3 working days of the following adverse incidents occurring in the designated centre
(
a
) the unexpected death of any resident, including the death of any resident following transfer to hospital from the designated centre;
(
b
) an outbreak of any notifiable disease as identified and published by the Health Protection Surveillance Centre;
(
c
) any fire, any loss of power, heating or water, and any incident where an unplanned evacuation of the centre took place;
(
d
) any serious injury to a resident which requires immediate medical or hospital treatment;
(
e
) any unexplained absence of a resident from the designated centre;
(
f
) any allegation, suspected or confirmed, of abuse of any resident;
(
g
) any allegation of misconduct by the registered provider or by staff; and
(
h
) any occasion where the registered provider becomes aware that a member of staff is the subject of review by a professional body;
(2) In the case of an unexpected death notified to the chief inspector pursuant to paragraph (1)(
a
) the person in charge shall also ensure that written notice is provided to the chief inspector setting out the cause of the death when same has been established.
(3) The person in charge shall ensure that a written report is provided to the chief inspector at the end of each quarter of each calendar year in relation to and of the following incidents occurring in the designated centre
(
a
) any occasion on which a restrictive procedure including physical, chemical or environmental restraint was used;
(
b
) any occasion on which the fire alarm equipment was operated other than for the purpose of fire practice, drill or test of equipment;
(
c
) where there is a recurring pattern of theft or burglary;
(
d
) any injury to a resident not required to be notified under paragraph (1)(
d
);
(
e
) any deaths, including cause of death, not required to be notified under paragraph (1)(
a
); and
(
f
) any other adverse incident the chief inspector may prescribe.
(4) Where no incidents which require to be notified under (1), (2) or (3) have taken place, the registered provider shall notify the chief inspector of this fact on a six monthly basis.
(5) This regulation is without prejudice to the reporting requirements as set out in the Authority’s Guidance for the Health Service Executive for the Review of Serious Incidents including Deaths of Children in Care and any other relevant guidance.
PART 9Notification of Absence of Person in Charge and Procedures and Arrangements for such Absence
Notification of periods when person in charge is absent
32. (1) Where the person in charge 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 paragraph (1) 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 expected dates of departure and return.
(3) Where the person in charge is absent from the designated centre as a result of an emergency or unanticipated event, the registered provider shall, as soon as it becomes apparent that the absence concerned will be for a period of 28 days or more, give notice in writing to the chief inspector of the absence, including the information referred to in paragraph (2).
(4) Where an absence referred to in paragraph (3) has occurred, the registered provider shall notify the chief inspector of the return to duty of the person in charge not later than 3 working days after the date of his or her return.
Notification of procedures and arrangements for periods when person in charge is absent
33. (1) Where the registered provider gives notice of the absence of the person in charge from the designated centre under Regulation 32, he or she 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 the said absence.
(2) The notice referred to in paragraph (1) shall specify—
(
a
) the arrangements which have been or were made for the running of the designated centre during the absence of the person in charge;
(
b
) 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, contact details and qualifications of the person who was or will be responsible for the designated centre during the absence.
PART 10Complaints Procedures
Complaints procedure
34. (1) The registered provider shall provide an effective complaints procedure for residents which is in an accessible and age-appropriate format and includes an appeals procedure, and shall—
(
a
) ensure that the procedure is appropriate to the needs of residents in line with each resident’s age and the nature of his or her disability;
(
b
) make each resident and their family aware of the complaints procedure as soon as is practicable after admission;
(
c
) ensure the resident has access to advocacy services for the purposes of making a complaint; and
(
d
) display a copy of the complaints procedure in a prominent position in the designated centre.
(2) The registered provider shall ensure that—
(
a
) a person who is not involved in the matters the subject of complaint is nominated to deal with complaints by or on behalf of residents;
(
b
) all complaints are investigated promptly;
(
c
) complainants are assisted to understand the complaints procedure;
(
d
) the complainant is informed promptly of the outcome of his or her complaint and details of the appeals process;
(
e
) any measures required for improvement in response to a complaint are put in place; and
(
f
) the nominated person maintains a record of all complaints including details of any investigation into a complaint, outcome of a complaint, any action taken on foot of a complaint and whether or not the resident was satisfied.
(3) The registered provider shall nominate a person, other than the person nominated in paragraph 2(
a
), to be available to residents to ensure that
(
a
) all complaints are appropriately responded to; and
(
b
) the person nominated under paragraph (2)(
a
) maintains the records specified under paragraph (2)(
f
).
(4) 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.
Regulation 3
SCHEDULE 1Information to be Included in the Statement of Purpose
Registration details
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
1
st November
, 2013.
I, JAMES REILLY, Minister for Health, in exercise of the powers conferred on me by
sections 98
and
101
of the
Health Act 2007
(No. 23 of 2007) (as adapted by the Health and Children (Alteration of Name of Department and Title of Minister) Order 2011 (
S.I. No. 219 of 2011
), hereby make the following regulations
PART 1Preliminary
Citation and commencement