SOCIAL REGULATORY STANDARDS FOR RESIDENTIAL SERVICES FOR PERSONS LIVING WITH DEMENTIA IN HOMES FOR SENIOR CITIZENS

SERVICES FOR PERSONS LIVING WITH DEMENTIA IN

HOMES FOR SENIOR CITIZENS

SUBSIDIARY LEGISLATION 582.16

SOCIAL REGULATORY STANDARDS FOR

RESIDENTIAL SERVICES FOR PERSONS LIVING

WITH DEMENTIA IN HOMES FOR SENIOR CITIZENS

REGULATIONS

28th September, 2021

LEGAL NOTICE 375 of 2021.

The title of these regulations is the Social Regulatory

Standards for Residential Services for Persons living with Dementia in

Homes for Senior Citizens Regulations.

(Regulation 2)

Standard 1: Legal Representation

Standard Statement

This standard aims to ensure that persons living with dementia

residing in a residential care home for senior citizens have a legally

appointed representative who can be involved in their care and who

promotes their interests.

Quality Indicator

The service provider for persons living with dementia in homes

for senior citizens shall ensure that each person living with dementia

has a legally appointed representative and that this person shall be

involved in all aspects of care for the said person living with dementia.

Standard 2: Residents’ Personal Health and Medical Care

Standard Statement

This standard ensures that the service provider for persons

living with dementia in homes for senior citizens has in place

additional safeguards to protect the health of residents.

Quality Indicators

1. The residents shall be supported to eat and drink in a safe

manner.

2. The service provider for persons living with dementia in

homes for senior citizens shall supervise residents’ health needs and

ensure that they are able to access healthcare adequately and

conveniently.

SERVICES FOR PERSONS LIVING WITH DEMENTIA IN

HOMES FOR SENIOR CITIZENS

3. The service provider for persons living with dementia in

homes for senior citizens shall ensure that medication to manage

challenging behaviour is used responsibly.

Standard 3: Physical Environment

Standard Statement

This standard promotes rights that ensure that the environment is

engaging, welcoming, familiar, pleasant and conducive towards the

needs of the residents.

Quality Indicators

1. The service provider for persons living with dementia in

homes for senior citizens shall ensure that the location and the layout of

the residential care home and all its external grounds shall be

appropriate for persons living with dementia.

2. The service provider for persons living with dementia in

homes for senior citizens shall ensure that adaptations are in place

which allow residents to orient and navigate in their environment.

Standard 4: Service Quality Management

Standard Statement

This standard promotes rights that ensure that the service

provider for persons living with dementia in homes for senior citizens

shall be accountable to deliver quality service and support based on

competency and continuous improvement.

Quality Indicator

The service provider for persons living with dementia in homes

for senior citizens shall ensure that the residential care home is

managed by a competent person who employs staff who are adequately

trained to work with persons living with dementia.

(1)

These regulations by means of the Schedule,

elevate the Social Regulatory Standards for Residential Services for

Persons Living with Dementia in Homes for Senior Citizens, to the

status of subsidiary legislation under the Social Care Standards

Authority Act.

(2)

These Social Regulatory Standards for Residential

Services for Persons Living with Dementia in Homes for Senior

Citizens Regulations shall apply in conjunction with the Social

Regulatory Standards for Residential Services for Senior Citizens

Regulations.

In these regulations, unless the context otherwise

requires

"Act" means the Social Care Standards Authority Act;

"Authority" means the Social Care Standards Authority

(SCSA) as established by virtue of article 5 of the Social Care

Standards Authority Act;

"challenging behaviour" means behaviour of such an

intensity, frequency, or duration exhibited by residents that is

triggered by intrinsic or extrinsic factors, that has the potential

to cause physical, emotional and, or psychological harm to the

residents themselves or other persons around them. This

behaviour is likely to limit or deny access to certain services or

facilities without adequate support;

"competent person" means a person or entity who has the

appropriate theoretical and, or practical knowledge and, or

experience which render him capable and, or authorised to

implement specific activities, in accordance with national

legislation, standards or directives issued by the applicable

authorities;

SERVICES FOR PERSONS LIVING WITH DEMENTIA IN

HOMES FOR SENIOR CITIZENS

"legally appointed representative" means a person that

may be nominated by the resident to be kept informed about the

resident’s personal affairs and take decisions or act on the

resident’s behalf. Such persons cannot be part of the

management or staff of the service provider. The residents may

also be assigned a guardian by the Guardianship Board. In this

case certain decisions shall be taken by the guardian in

accordance to the Civil Code;

"management" means persons who act on behalf of the

service provider to provide leadership to staff and to supervise

and control the proper functioning of services offered to the

residents;

"performance indicator" means an active description of

what service providers need to do to ensure service outputs that

support the quality indicators;

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

holistic assessment of the resident that specifies how the

resident’s needs and aspirations are going to be met. This

document shall also include the resources required to meet the

resident’s continuous and long-term needs;

"person living with dementia" means a person diagnosed

with dementia by a competent person. The person may

experience cognitive impairment, language barriers or

communication difficulties due to progression in dementia,

which necessitates holistic care managed on a long-term basis in

a residential care home;

"quality indicator" means a statement that sets out the

requirements to achieve compliance with a standard;

"resident" means a person living with dementia who

enters into an agreement with a service provider to live in and

make use of services offered by a residential care home;

"residential care home" means an accommodation which

provides personal care and support services to persons who are

living with dementia;

"service provider for persons living with dementia"

means a person or an organisation that provides and operates a

residential care home and associated services to persons who are

living with dementia on a long-term basis. The service provider

shall fulfil any contractual obligations in force that may apply to

them;

SERVICES FOR PERSONS LIVING WITH DEMENTIA IN

HOMES FOR SENIOR CITIZENS

"staff" means a person engaged by the service provider

for persons living with dementia, wherein one of the person’s

responsibilities is to provide individual and group support and

care. Staff members may also assume administrative duties

simultaneously with their caring roles. Staff members working

in the administration of an organisation or a centre shall

supervise the planning and implementation of organisational

plans and actions and the enforcement of rules and procedures.