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ln_2019_341 MT

Dependencies, 2019

7 Articles / Provisions · Malta
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Statutory Text (7 Articles)

Malta Government Gazette — Legal Notice 2019 341 · Gazzetta tal-Gvern ta’ Malta Nru. 20,316 - 17.12.2019 — Dependencies, 2019

L.N. 341 of 2019

SOCIAL CARE STANDARDS AUTHORITY ACT

(CAP. 582)

Social Regulatory Standards for Residential Services offered to

Individuals with Problems Related to Substance Abuse and other

Dependencies, 2019

IN EXERCISE of the powers conferred by article 30(5) of the

Social Care Standards Authority Act, the Minister for the Family,

Children’s Rights and Social Solidarity, has made the following

regulations:-

Malta Government Gazette — Legal Notice 2019 341 · Gazzetta tal-Gvern ta’ Malta Nru. 20,316 - 17.12.2019 — Dependencies, 2019

The title of these regulations is the Social Regulatory

Standards for Residential Services offered to Individuals with

Problems Related to Substance Abuse and other Dependencies 2019.

Malta Government Gazette — Legal Notice 2019 341 · Gazzetta tal-Gvern ta’ Malta Nru. 20,316 - 17.12.2019 — Dependencies, 2019

(Regulation 2)

Standard 1: Developing a holistic Person-Centred Support Plan

Standard Statement

A personal support plan shall reflect the individuals’ needs,

goals, aspirations and preferences whilst indicating the course of

action to be followed to fulfil such plan.

Quality Indicators

1. The service provider ensures that an individualised

personal support plan is devised upon a holistic assessment

of the individuals.

2. The service provider and staff support and understand the

individuals’ needs, goals and aspirations and empowers

them to achieve these.

3. The service provider ensures that the personal support plan

reflects the changing needs of the individuals and is thus

reviewed and updated in a regular manner.

Standard 2: Exercising Rights in a

Therapeutic and Empowering Environment

Standard Statement

Individuals are treated with respect and are ensured a holistic and

dignified approach to care. The service provider encourages

individuals’ autonomy in decisions pertaining to the care

provided.

Quality Indicators

1. The service provider and all staff respect the dignity and

individuality of all including safeguarding the right to lead

the social, cultural and religious lifestyle endorsed, in

conformity with the rules of the service.

2. The service provider promotes active participation of the

individuals and encourages them to exercise personal

choice and realise their full potential.

3. The service provider ensures that any information that

individuals might find useful is provided to them in a

complete, timely and unconditional manner.

Malta Government Gazette — Legal Notice 2019 341 · Gazzetta tal-Gvern ta’ Malta Nru. 20,316 - 17.12.2019 — Dependencies, 2019

These regulations by means of the Schedule, elevate the

Social Regulatory Standards for Residential Services offered to

Individuals with Problems Related to Substance Abuse and other

Dependencies, to the status of subsidiary legislation under the Social

Care Standards Authority Act.

Malta Government Gazette — Legal Notice 2019 341 · Gazzetta tal-Gvern ta’ Malta Nru. 20,316 - 17.12.2019 — Dependencies, 2019

In these regulations, unless the context otherwise requires

"Agency" means the entity providing a service;

"Authority" means the Social Care Standards Authority as

established by virtue of article 5 of the Social Care Standards

Authority Act;

"challenging behaviour" means behaviour exhibited by

individuals that is triggered by intrinsic or extrinsic factors and

has the potential to endanger the quality of life of the individuals

themselves or other persons around them;

"civil rights" means those rights conferred on persons by

the laws of Malta;

"competent person" means a person who has the

appropriate theoretical and/or practical knowledge and/or

experience which render him capable and/or authorised to

undertake specific activities. This is done in line with national

legislation, standards or directives issued by the applicable

authorities;

"Director/Manager of the residential facility" means the

person having the responsibility for the residential facility;

"dependent persons" means persons who require special

support from their legal parents/tutors;

"holistic assessment" means the process in which staff

identifies the needs and aspirations of the individuals in relation

to their health, personal, emotional, spiritual and psychological

care, protection and social networking, family support and what

services should be delivered to satisfy these needs and

aspirations;

"independent representative" means a person, who is

independent from any aspect of the service and from any agency

involved in the provision of service, working in the name of the

person availing of the service or in his interest. The

representative carries out such work after having been formally

appointed to do so by the individual in whose name the

representative is acting or (if the individual is not in a position to

do so) as stipulated by law;

"individuals" means persons having problems related to

substance abuse and/or other dependencies who enter into an

agreement with a service provider to avail of the services offered

by the residential facility;

"key worker" means a worker responsible for co-ordinating

the individuals’ action plan;

"management" means a person or persons who act on

behalf of the service provider to provide leadership to staff and

to oversee and control the proper functioning of the services

offered to individuals with problems related to substance abuse

and/or other dependencies;

"multidisciplinary team" means a team made up of a

number of professionals from a range of disciplines working

together to deliver comprehensive care that addresses the needs

of individuals availing of the service;

"performance indicator" means an active descriptor of what

service providers need to do to ensure service outputs that

support the quality indicators;

"personal support plan" means a document that is based on

a holistic assessment of the individual that specifies how the

individual’s needs and aspirations are going to be met and also

includes the resources required by the individual whilst living in

the residential facility;

"policies and procedures" means documents released by

management that regulate how the residential facility should

operate;

"prospective residents" means individuals who are

considering whether to enter into an agreement with a service

provider in order to avail of services offered by the service

provider;

"quality indicator" means a statement that sets out the

requirements to achieve compliance with a standard;

"relapse" means a return to substance abuse or other

addictive habits after an attempt to stop. Individuals may be

provoked by or exposed to situations and other risk factors that

may increase the chances of them to return to such habits.

Relapse indicates the need for more or different treatment;

"residential facility" means an accommodation which

provides personal care and support service to individuals who

have problems related to substance abuse and/or other

dependencies;

"risk management" means a systematic approach to the

management of risk to reduce loss of life, financial loss, loss of

workers’ availability and to improve safety and reputation;

"risk profile" means a list of risks and/or dangers;

"service provider" means a person who, or organisation that

provides and operates a residential facility and associated

services to individuals who are seeking help for their problems

related to substance abuse and/or other dependencies;

"staff" means a person engaged by the service provider

wherein one of the person’s responsibilities is to provide

individual support and care, irrespective of whether or how the

person is compensated;

"therapeutic communities" means a common form of

residential treatment for substance use disorders which focus

largely on the recovery of individuals by seeing the individual

more holistically including working on aspects of his lifestyle

and behaviour and not solely abstinence from substance use;

"treatment card" means a document that keeps an account

of the administration of medication in the residential service

based on the doctor’s/specialist’s prescription. This is also used

when staff provides information regarding the condition of the

individual availing of the service. This includes the medication

administered, how and when an individual should take the

medication, frequency of uptake, the possibility of any side

effects and which cases should be referred back to the doctor.

Malta Government Gazette — Legal Notice 2019 341 · Gazzetta tal-Gvern ta’ Malta Nru. 20,316 - 17.12.2019 — Dependencies, 2019

The service provider is aware of the individuals’ dietary

requirements and food choices.

Standard 3: Safeguarding the individuals’ safety and security

Standard Statement

The environment shall enhance the quality of life of all

individuals availing of the service and be a pleasant place to live

in. All necessary measures are taken to avoid unwanted risks

without invading the privacy of individuals.

Quality Indicators

1. The service provider ensures that the residential facility is

safe, welcoming, accessible and well maintained.

2. The service provider promotes systems that ensure overall

safety and security of all staff and individuals availing of

the service.

3. The service provider respects the individuals’ privacy,

personal aspirations and needs.

4. The service provider deals effectively and in a timely

manner whenever the individuals, or their representative,

express concern or submit a complaint.

Malta Government Gazette — Legal Notice 2019 341 · Gazzetta tal-Gvern ta’ Malta Nru. 20,316 - 17.12.2019 — Dependencies, 2019

The service provider ensures that the individuals’ health

condition and needs are well known by management and

staff.

Standard 4: Ensuring effective and respectful procedures

Standard Statement

Prospective residents are supported to decide whether the service

fits their needs or not. The individuals are supported to have a

smooth transition both upon entering the service as well as when

they move out.

Quality Indicators

1. The service provider ensures that information about what

the service will offer is duly given to prospective residents

prior to admission.

2. The service provider and the individuals who wish to avail

of the service enter into a written agreement which sets put

the terms and conditions for receiving the service.

3. The service provider together with the staff support

individuals to prepare themselves for moving on in a

planned manner after their discharge from the service.

Standard 5: Promoting an effective system for the safekeeping of

documentation and information dissemination

Standard Statement

The service provider abides with data protection measures when

it comes to using, processing, retaining and disseminating

confidential information about individuals availing of the

service.

Quality Indicators

1. The service provider keeps a record of important

documentation and other relevant information relating to

the individuals availing of the service.

2. The service provider ensures safe keeping and sharing of

information pertaining to the individuals in line with

respective laws and regulations.

Standard 6: Establishing and maintaining external relations

Standard Statement

The service provider shall ensure comprehensiveness and

continuity of care by being proactive towards maintaining

positive collaborative relationships with persons close to the

individuals as well as different professionals who can provide the

necessary care.

Quality Indicators

1. The service provider communicates with significant

persons close to the individuals and retains such contact if

it is in the best interest of the same individuals.

2. The service provider collaborates with third parties

including professionals and support bodies so as to

enhance the therapeutic experience of the individuals

availing of the service.

Standard 7: Service Quality Management

Standard Statement

The management and staff are accountable to deliver quality

support and care in the most respectful and transparent manner.

Quality Indicators

1. The service provider ensures professional and ethical

practice that is safe and appropriate to the emerging needs

of the individuals availing of the service.

2. The service provider implements transparent recruitment

strategies and plans for the continuous development of its

staff.

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