IE
S.I. No. 415/2013 - Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013.
Table of Provisions (36)
Statutory Text (36 Articles)
1. Premises to be—
(
a
) designed and laid out to meet the needs of residents,
(
b
) of sound construction and kept in a good state of repair externally and internally, and
(
c
) clean and suitably decorated.
2. Equipment for use by residents to be in good working order.
3. There should be provided on the premises—
(
a
) emergency call facilities accessible from each resident’s bed and in every room used by residents,
(
b
) grabrails in bath, shower and toilet areas,
(
c
) handrails on both sides of stair cases except where there is a stairlift,
(
d
) where residents are maintained on two, or more floors, a lift,
(
e
) safe floor covering,
(
f
) adequate private and communal accommodation for residents,
(
g
) rooms of a suitable size and layout for the needs of residents,
(
h
) adequate space and suitable storage facilities, in so far as is reasonably practicable, for personal possessions, including a lockable storage space and a secure facility for the safe-keeping of residents’ personal money and valuables,
(
i
) adequate sitting, recreational and dining space other than a resident’s private accommodation,
(
j
) communal space for residents suitable for social, cultural and religious activities appropriate to the circumstances of residents,
(
k
) suitable storage in the designated centre,
(
l
) suitable adaptations, and such support, equipment and facilities as may be required to be provided for residents.
(
m
) external grounds which are suitable for, and safe for use by, residents and that such grounds are appropriately maintained,
(
n
) ventilation, heating and lighting suitable for residents in all parts of the designated centre which are used by residents.
PART 2
Kitchen
The registered provider shall ensure that in every designated centre there is a separate kitchen which has suitable and sufficient cooking facilities, kitchen equipment and tableware.
PART 3
Sanitary Facilities
The registered provider shall ensure that, having regard to the number of residents, there is—
(
a
) a sufficient supply of piped hot and cold water, which incorporates thermostatic control valves or other suitable anti-scalding protection, and that wash-hand basins are provided in each bedroom,
(
b
) a sufficient number of toilets, and of wash-basins, baths and showers (including assisted baths and showers, having regard to the dependency of persons in the designated centre) fitted with a hot and cold water supply, which incorporates thermostatic control valves or other suitable anti-scalding protection,
(
c
) a sufficient number of toilets designed to provide access for residents in wheelchairs, having regard to the number of persons using wheelchairs in the designated centre,
(
d
) a sufficient number of commodes,
(
e
) appropriate sluicing facilities,
(
f
) adequate laundry facilities including a wash hand basin in each laundry room.
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 contain provisions for the purposes of ensuring proper standards for designated centres for older people.
4. The use of restraint;
5. Residents’ personal property, personal finances and possessions;
6. Communication;
7. End of life care;
8. Staff training and development;
9. Recruitment, selection and vetting of staff;
10. Monitoring and documentation of nutritional intake;
11. Provision of information to residents;
12. The creation of, access to, retention of and destruction of records;
13. Temporary absence and discharge of residents;
14. Health and safety of residents, staff and visitors (including infection control and food safety);
15. Risk management;
16. Responding to emergencies;
17. Fire safety management;
18. The ordering, receipt, prescribing, storing and administration of medicines to residents;
19. The handling and disposal of unused or out of date medicines;
20. 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.
SCHEDULE 6
Regulation 17
Premises
PART 1
General
21. (1) The registered provider shall ensure that the records set out in Schedules 2, 3 and 4 are kept in a designated centre and are available for inspection by the Chief Inspector.
(2) Records kept in accordance with this section and set out in Schedule 2 shall be retained for a period of not less then 7 years after the staff member has ceased to be employed in the designated centre concerned.
(3) Records kept in accordance with this section and set out in Schedule 3 shall be retained for a period of not less than 7 years after the resident has ceased to reside in the designated centre concerned.
(4) Records kept in accordance with this section and set out in paragraphs (6), (9), (10), (11) and (12) of Schedule 4, shall be retained for a period of not less than 4 years from the date of their making.
(5) Records kept in accordance with this section and set out in paragraphs (7) and (8) of Schedule 4, shall be retained for a period of not less than 7 years from the date of their making.
(6) Records specified in paragraph (1) shall be kept in such manner as to be safe and accessible.
Insurance
22. (1) The registered provider shall effect a contract of insurance against injury to residents.
(2) The registered provider may insure against other risks, including loss or damage to a resident’s property and where such insurance is effected the resident shall be advised accordingly.
PART 7
Management and Control of Operations of Designated Centre
Governance and Management
23. The registered provider shall ensure that
(
a
) the designated centre has sufficient resources to ensure the effective delivery of care in accordance with the statement of purpose;
(
b
) there is a clearly defined management structure that identifies the lines of authority and accountability, specifies roles, and details responsibilities for all areas of care provision;
(
c
) management systems are in place to ensure that the service provided is safe, appropriate, consistent and effectively monitored;
(
d
) there is an annual review of the quality and safety of care delivered to residents in the designated centre to ensure that such care is in accordance with relevant standards set by the Authority under section 8 of the Act and approved by the Minister under section 10 of the Act;
(
e
) the review referred to in subparagraph (
d
) is prepared in consultation with residents and their families; 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.
Contract for provision of services
24. (1) The registered provider shall agree in writing with each resident, on the admission of that resident to the designated centre concerned, the terms on which that resident shall reside in that centre.
(2) The agreement referred to in paragraph (1) shall relate to the care and welfare of the resident in the designated centre concerned and include details of—
(
a
) the services to be provided, whether under the Nursing Homes Support Scheme or otherwise, to the resident concerned,
(
b
) the fees, if any, to be charged for such services,
(
c
) where appropriate, the arrangements for the application for or receipt of financial support under the Nursing Homes Support Scheme, including the arrangements for the payment or refund of monies, or
(
d
) any other service of which the resident may choose to avail but which is not included in the Nursing Homes Support Scheme or to which the resident is not entitled under any other health entitlement.
Temporary absence or discharge of residents
25. (1) When a resident is temporarily absent from a designated centre for treatment at another designated centre, hospital or elsewhere, 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 place.
(2) When a resident returns from another designated centre, hospital or place, the person in charge of the designated centre from which the resident was temporarily absent shall take all reasonable steps to ensure that all relevant information about the resident is obtained from the other designated centre, hospital or place.
(3) The person in charge shall ensure that, in so far as practicable, a resident is discharged from the designated centre concerned in a planned and safe manner.
(4) A discharge shall be discussed, planned for and agreed with a resident and, where appropriate, with their family or carer, and in accordance with the terms and conditions of the contract agreed in accordance with Regulation 24.
Risk management
26. (1) The registered provider shall ensure that the risk management policy set out in 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) abuse;
(ii) the unexplained absence of any resident;
(iii) accidental injury to residents, visitors or staff;
(iv) aggression and violence;
(v) self-harm;
(
d
) arrangements for the identification, recording, investigation and learning from serious incidents or adverse events involving residents.
(2) The registered provider shall ensure that there is a plan in place for responding to major incidents likely to cause death or injury, serious disruption to essential services or damage to property.
Infection control
27. The registered provider shall ensure that procedures, consistent with the standards for the prevention and control of healthcare associated infections published by the Authority are implemented by staff.
Fire precautions
28. (1) The registered provider shall
(
a
) take adequate precautions against the risk of fire, and shall provide suitable fire fighting equipment, suitable building services, and suitable bedding and furnishings;
(
b
) provide adequate means of escape, including emergency lighting;
(
c
) 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.
(
d
) make arrangements for staff of the designated centre to receive suitable training in fire prevention and emergency procedures, including evacuation procedures, building layout and escape routes, location of fire alarm call points, first aid, fire fighting equipment, fire control techniques and the procedures to be followed should the clothes of a resident catch fire.
(
e
) ensure, by means of fire safety management and fire drills at suitable intervals, that the persons working at the designated centre and, in so far as is reasonably practicable, residents, are aware of the procedure to be followed in the case of fire.
(2) The registered provider shall make adequate arrangements for
(i) detecting, containing and extinguishing fires;
(ii) giving warning of fires;
(iii) calling the fire service; and
(iv) evacuating, where necessary in the event of fire, of all persons in the designated centre and safe placement of residents.
(3) The person in charge shall ensure that the procedures to be followed in the event of fire are displayed in a prominent place in the designated centre.
Medicines and pharmaceutical services
29. (1) The registered provider shall ensure, in so far as is reasonably practicable, that a pharmacist of a resident’s choice or who is acceptable to the resident is available to the resident.
(2) The person in charge shall facilitate the pharmacist concerned in meeting his or her obligations to a resident under any relevant legislation or guidance issued by the Pharmaceutical Society of Ireland.
(3) The person in charge shall ensure that, where a pharmacist provides a record of medication related interventions in respect of a resident, such record shall be kept in a safe and accessible place in the designated centre concerned.
(4) The person in charge shall ensure that all medicinal products dispensed or supplied to a resident are stored securely at the centre.
(5) The person in charge shall ensure that all medicinal products are administered in accordance with the directions of the prescriber of the resident concerned and in accordance with any advice provided by that resident’s pharmacist regarding the appropriate use of the product.
(6) The person in charge shall ensure that a medicinal product which is out of date or has been dispensed to a resident but is no longer required by that resident shall be stored in a secure manner, segregated from other medicinal products and disposed of in accordance with national legislation or guidance in a manner that will not cause danger to public health or risk to the environment and will ensure that the product concerned can no longer be used as a medicinal product.
Volunteers
30. The person in charge shall ensure that people involved on a voluntary basis 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
.
PART 8
Notification of Incidents Occurring in Designated Centres
Notification of incidents
31. (1) Where an incident set out in paragraphs 7 (1) (
a
) to (
j
) of Schedule 4 occurs, the person in charge shall give the Chief Inspector notice in writing of the incident within 3 working days of its occurrence.
(2) The person in charge shall ensure that, when the cause of an unexpected death has been established, the Chief Inspector is informed of that cause in writing.
(3) The person in charge shall provide a written report to the Chief Inspector at the end of each quarter in relation to the occurrence of an incident set out in paragraphs 7(2) (
k
) to (
n
) of Schedule 4.
(4) Where no report is required under paragraphs (1) or (3), the registered provider concerned shall report that to the Chief Inspector at the end of each 6 month period.
PART 9
Notification of Absence of Person in Charge and Procedures and Arrangements made for such Absences
Notification of absence
32. (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 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 as the result of an emergency, 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 of the absence including the information referred to in paragraph (2) in writing to the Chief Inspector specifying the matters mentioned 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 from the designated centre
33. (1) Where the registered provider gives notice of the absence of the person in charge from the designated centre under Regulation 32, such notice shall include details of the procedures and arrangements that will be in place for the management of the designated centre during that 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 that absence;
(
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 will be or was responsible for the designated centre during that absence.
PART 10
Complaints Procedures
Complaints procedure
34. (1) The registered provider shall provide an accessible and effective complaints procedure which includes an appeals procedure, and shall—
(
a
) make each resident and their family aware of the complaints procedure as soon as is practicable after the admission of the resident to the designated centre concerned,
(
b
) display a copy of the complaints procedure in a prominent position in the designated centre,
(
c
) nominate a person who is not involved in the matter the subject of the complaint to deal with complaints,
(
d
) investigate all complaints promptly,
(
e
) assist a complainant to understand the complaints procedure,
(
f
) ensure that the nominated person maintains a record of all complaints including details of any investigation into the complaint, the outcome of the complaint and whether or not the resident was satisfied,
(
g
) inform the complainant promptly of the outcome of their complaint and details of the appeals process,
(
h
) put in place any measures required for improvement in response to a complaint.
(2) The registered provider shall ensure that all complaints and the results of any investigations into the matters complained of 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.
(3) The registered provider shall nominate a person, other than the person nominated in paragraph (1)(
c
), to be available in a designated centre to ensure that
(
a
) all complaints are appropriately responded to; and
(
b
) the person nominated under paragraph (1)(
c
) maintains the records specified under in paragraph (1)(
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.
PART 11
Revocations
Revocations
35. The following are revoked
(
a
) the
Health Act 2007
(Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009 (
S.I. No. 236 of 2009
),
(
b
) the
Health Act 2007
(Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2010 (
S.I. No. 36 of 2010
), and
(
c
) the
Health Act 2007
(Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2012 (
S.I. No. 95 of 2012
).
SCHEDULE 1
Regulation 3
INFORMATION TO BE INCLUDED IN THE STATEMENT OF PURPOSE
Registration details
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
5
th November
, 2013.
I, JAMES REILLY, Minister for Health, in exercise of the powers conferred on me by
section 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 1
Preliminary
Citation and commencement