Health Services (Residential Care) (Amendment) Regulations 1998

i Health Services (Residential Care) (Amendment) Regulations 1998 S.R. No. 131/1998 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Regulations 2 5. Amendments to regulation 104 2 6. Regulation 304 substituted 2 304. Privacy, dignity and security of residents 2 7. Regulation 306 substituted 3 306. Personal hygiene of residents 3 8. Regulation 307 substituted 4 307. Medication for residents 4 9. Regulation 308 substituted 6 308. Suitable nutrition for residents 6 10. Revocation of regulation 309 and Division 4 of Part 3 6 11. Regulation 313 substituted 7 313. Procedures for resident complaints 7 12. Revocation of regulation 318 7 13. Regulation 402 substituted 8 402. Maintenance and cleanliness of supported residential service 8 14. Regulation 405 substituted 9 405. Communications systems in supported residential service 9 15. Regulation 409 substituted 9 409. Supply of water must be safe 9 16. Revocation of regulations 410 and 411 9 17. Regulation 511 substituted 10 511. Minimum staff requirements 10 ═══════════════ NOTES 11 -- 1 of 12 -- 1 STATUTORY RULES 1998 S.R. No. 131/1998 Health Services Act 1988 Health Services (Residential Care) (Amendment) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 27 October 1998 Responsible Minister: ROB KNOWLES Minister for Health SHARNE BRYAN Clerk of the Executive Council 1. Objective The objective of these Regulations is to make consequential amendments to the Health Services (Residential Care) Regulations 1991 which are necessary as a result of the enactment of the Health Services (Amendment) Act 1997. 2. Authorising provisions These Regulations are made under sections 108A, 108B, 108C, 108D, 108G, 108I, 108J, 108K, 108L and 158 of the Health Services Act 1988. 3. Commencement These Regulations come into operation on 2 November 1998. -- 2 of 12 -- S.R. No. 131/1998 Health Services (Residential Care) (Amendment) Regulations 1998 2 4. Principal Regulations In these Regulations, the Health Services (Residential Care) Regulations 19911 are called the Principal Regulations. 5. Amendments to regulation 104 In regulation 104 of the Principal Regulations, after "105" insert ", 108A, 108B, 108C, 108D, 108G, 108I, 108J, 108K, 108L". 6. Regulation 304 substituted For regulation 304 of the Principal Regulations substitute— "304. Privacy, dignity and security of residents For the purposes of section 108A of the Act, reasonable steps to ensure that residents are treated with dignity and respect and with regard to their entitlement to privacy must include reasonable steps to ensure the following— (a) the private property of a resident is not taken, borrowed or given to another person without the permission of the resident; (b) residents are enabled to undertake personal activities, including bathing, toileting and dressing, in private; (c) information about residents is treated confidentially; (d) residents are dressed in their own clothing which is of their own choice and which is appropriate for the climate and time of day; (e) residents are not subjected to unusual routines, particularly with respect to r. 4 -- 3 of 12 -- S.R. No. 131/1998 Health Services (Residential Care) (Amendment) Regulations 1998 3 bed times, timing of meals, bathing and dressing; (f) residents have access to a telephone which— (i) may be used in private; (ii) is able to be used for receiving incoming calls and making outgoing calls; (iii) if people with disabilities are resident in the facility, is suitable for use by people with those disabilities; (g) screens are available for beds if the design or shape of a room does not permit a resident to be private.". 7. Regulation 306 substituted For regulation 306 of the Principal Regulations substitute— "306. Personal hygiene of residents For the purposes of section 108B of the Act, reasonable steps to ensure that the personal hygiene of all residents is maintained at the best practicable level must include reasonable steps to ensure the following— (a) each resident bathes or showers, or is bathed or showered, every second day and his or her hair is washed at least every 7 days; (b) the finger nails of each resident are trimmed at least once each week, his or her toe nails trimmed as required and at least once every 6 weeks and that professional foot care is sought if any r. 7 -- 4 of 12 -- S.R. No. 131/1998 Health Services (Residential Care) (Amendment) Regulations 1998 4 sign appears of lower limb complications; (c) medical or nursing assistance is sought for a resident if any sign appears of bed sores or other forms of breakdown of skin integrity; (d) the teeth of each resident are cleaned at least once each day, each resident has a dental check by a dentist or other dental health professional at least every two years and that any necessary assistance is provided for a resident in caring for and storing his or her dentures; (e) the assistance of a nursing or incontinence service is sought to assess any resident showing signs of incontinence and that a continence care plan for the resident is prepared in consultation with that service and that the plan is implemented.". 8. Regulation 307 substituted For regulation 307 of the Principal Regulations substitute— "307. Medication for residents (1) For the purposes of section 108C of the Act, reasonable steps to maintain adequate standards of storage, distribution and administration of residents' medication must include reasonable steps to ensure the following— (a) a resident's prescribed medication is administered in accordance with the instructions of the person who prescribed the medication; r. 8 -- 5 of 12 -- S.R. No. 131/1998 Health Services (Residential Care) (Amendment) Regulations 1998 5 (b) a resident's prescribed medications are obtained and administered promptly; (c) a record is kept of the medication prescribed for each resident, and when and in what dosage that medication is to be administered; (d) each resident's medication is— (i) kept separate from the medication of other residents; and (ii) given to the resident upon his or her departure or appropriately disposed of if no longer required; and (iii) kept in the container supplied by the person who dispensed the medication or the dose administration container into which the medication was placed by the person dispensing the medication; (e) no alteration is made to any label affixed to a container supplied by the person who dispensed the medication; (f) the medications of all residents are stored in a locked medicine cupboard; (g) medical advice is obtained in the event of the proprietor or a member of the staff— (i) mal-administers or fails to administer a medication to a resident; or (ii) has reason to believe that a resident who administers medication to himself or herself r. 8 -- 6 of 12 -- S.R. No. 131/1998 Health Services (Residential Care) (Amendment) Regulations 1998 6 has mal-administered or failed to administer a medication; (h) the proprietor or member of staff concerned makes a written report on the mal-administration or failure; (i) a resident who administers medication to himself or herself takes adequate precautions for the safe storage of that medication. (2) Paragraphs (a) to (f) of sub-regulation (1) do not apply in the case of a resident who administers medication to himself or herself.". 9. Regulation 308 substituted For regulation 308 of the Principal Regulations substitute— "308. Suitable nutrition for residents For the purposes of section 108D of the Act, the proprietor of a residential care facility must ensure that— (a) residents' choices in relation to food and beverages are taken into consideration in menu planning; (b) meals are provided at appropriate intervals allowing adequate time for meals and between meals; (c) meals are adequate in quantity and taste; (d) residents have ready access to adequate supplies of potable water and other appropriate beverages.". 10. Revocation of regulation 309 and Division 4 of Part 3 r. 9 -- 7 of 12 -- S.R. No. 131/1998 Health Services (Residential Care) (Amendment) Regulations 1998 7 Regulation 309 and Division 4 of Part 3 of the Principal Regulations are revoked. 11. Regulation 313 substituted For regulation 313 of the Principal Regulations substitute— "313. Procedures for resident complaints (1) For the purposes of section 108G(1) of the Act, the system for receiving and dealing with complaints must be in accordance with this regulation. (2) The proprietor of a residential care facility must nominate a person to receive and deal with complaints from residents or complaints made on behalf of residents. (3) The proprietor must ensure that— (a) all complaints are treated in a confidential manner; and (b) a written record is kept of every complaint including— (i) the nature of the complaint; and (ii) the date of the complaint; and (iii) the action taken in respect of the complaint; and (c) all complaints are dealt with promptly; and (d) every resident and member of staff is informed of the complaints procedures; and (e) the person making the complaint is informed of any action taken in respect of the complaint.". 12. Revocation of regulation 318 r. 11 -- 8 of 12 -- S.R. No. 131/1998 Health Services (Residential Care) (Amendment) Regulations 1998 8 Regulation 318 of the Principal Regulations is revoked. 13. Regulation 402 substituted For regulation 402 of the Principal Regulations substitute— "402. Maintenance and cleanliness of supported residential service For the purposes of section 108I(1) of the Act, the proprietor of a residential care service must— (a) keep the premises and facilities— (i) free from flies, lice and other vermin and take steps to prevent their entry; and (ii) free from any accumulation of materials which might become offensive, injurious to health or likely to facilitate the outbreak of fire; (b) keep bedding and linen clean and in good repair; and (c) provide freshly laundered linen for every new resident; and (d) ensure that— (i) all solid and liquid waste is removed at least once a day from all rooms; and (ii) every container used for solid or liquid waste or refuse is thoroughly cleaned.". r. 13 -- 9 of 12 -- S.R. No. 131/1998 Health Services (Residential Care) (Amendment) Regulations 1998 9 14. Regulation 405 substituted For regulation 405 of the Principal Regulations substitute— "405. Communications systems in supported residential service The electronic communications system to be provided under section 108J of the Act must— (a) enable calls to be made from each bedroom, toilet, shower-room and bathroom of the residential care facility; and (b) be kept operational at all times or an effective alternative system provided.". 15. Regulation 409 substituted For regulation 409 of the Principal Regulations substitute— "409. Supply of water must be safe For the purposes of ensuring an adequate and safe supply of hot and cold water under section 108K of the Act, the proprietor of a residential care facility must ensure that— (a) hot and cold water is supplied to all showers, baths and hand basins; and (b) a system or mechanism is provided to control the outlet temperature of hot water to baths and showers used by residents to avoid the risk of scalding.". 16. Revocation of regulations 410 and 411 r. 14 -- 10 of 12 -- S.R. No. 131/1998 Health Services (Residential Care) (Amendment) Regulations 1998 10 Regulations 410 and 411 of the Principal Regulations are revoked. 17. Regulation 511 substituted For regulation 511 of the Principal Regulations substitute— "511. Minimum staff requirements For the purposes of section 108L of the Act, the proprietor must ensure that— (a) during the day— (i) at least one special or personal care provider is on duty for each 30 residents or fraction of 30; and (ii) sufficient and appropriately trained special or personal care staff are employed to provide for the special or personal care needs of residents; and (iii) sufficient support staff are employed; and (b) at night— (i) at least one special or personal care provider is on the premises and readily available in an emergency; and (ii) sufficient staff are available to enable the premises to be inspected to ensure the safety of those residents who have difficulty in calling for assistance.". ═══════════════ r. 17 -- 11 of 12 -- S.R. No. 131/1998 Health Services (Residential Care) (Amendment) Regulations 1998 11 NOTES 1 Reg. 4: S.R. No. 14/1991. Reprinted to S.R. No. 160/1996. Notes -- 12 of 12 --