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ontario regulation 363/11

made under the

long-term care homes act, 2007

Made: July 19, 2011
Filed: July 27, 2011
Published on e-Laws: August 2, 2011
Printed in The Ontario Gazette: August 13, 2011


Amending O. Reg. 79/10

(General)

1. (1) Paragraph 1 of section 9 of Ontario Regulation 79/10 is amended by adding “other than doors leading to secure outside areas that preclude exit by a resident, including balconies and terraces, or doors that residents do not have access to” in the portion before subparagraph i after “home”.

(2) Section 9 of the Regulation is amended by adding the following paragraph:

1.1 All doors leading to secure outside areas that preclude exit by a resident, including balconies and terraces, must be equipped with locks to restrict unsupervised access to those areas by residents.

(3) Section 9 of the Regulation is amended by adding the following subsection:

(2) The licensee shall ensure that there is a written policy that deals with when doors leading to secure outside areas must be unlocked or locked to permit or restrict unsupervised access to those areas by residents.

2. Subsection 10 (2) of the Regulation is revoked and the following substituted:

(2) Subsection (1) does not apply to a licensee,

(a) until 12 months after the day this section comes into force; or

(b) until December 31, 2014 if the licensee has obtained approval for the redevelopment of the home under Phase 1 of the program of the Ministry known as the “Long-Term Care Home Renewal Strategy”.

3. Section 16 of the Regulation is amended by striking out “10 centimetres” at the end and substituting “15 centimetres”.

4. The Table to section 18 of the Regulation is amended by striking out,

 


In all other areas of the home


Minimum levels of 215.84 lux



and substituting,

 


In all other areas of the home


Minimum levels of 215.28 lux



5. Section 19 of the Regulation is amended by adding the following subsection:

(1.1) The licensee of a home with new beds or class A beds within the meaning of subsection 187 (18) of the Act is not required to comply with clause (1) (c) until July 1, 2012, unless the licensee was in compliance with clause (1) (c) on July 1, 2010.

6. (1) Clause 87 (2) (b) of the Regulation revoked and the following substituted:

(b) cleaning and disinfection of the following in accordance with manufacturer’s specifications and using, at a minimum, a low level disinfectant in accordance with evidence-based practices and, if there are none, in accordance with prevailing practices:

(i) resident care equipment, such as whirlpools, tubs, shower chairs and lift chairs,

(ii) supplies and devices, including personal assistance services devices, assistive aids and positioning aids, and

(iii) contact surfaces;

(2) Section 87 of the Regulation is amended by adding the following subsection:

(2.1) The licensee shall ensure that the staff member designated under subsection 229 (3) to co-ordinate the infection prevention and control program is involved in selecting the disinfectant referred to in clause (2) (b).

7. Section 97 of the Regulation is amended by adding the following subsection:

(3) Despite subsections (1) and (2), a licensee is not required to, but may, notify a person of anything under this section if the licensee has reasonable grounds to believe that the person is responsible for the alleged, suspected or witnessed incident of abuse or neglect of the resident.

8. (1) The French version of paragraph 4 of subsection 107 (3) of the Regulation is amended by striking out “l’hospitalisation d’une personne” at the end and substituting “qu’une personne soit transportée à l’hôpital”.

(2) The French version of paragraph 5 of subsection 107 (3) of the Regulation is amended by striking out “l’hospitalisation d’un résident” at the end and substituting “qu’un résident soit transporté à l’hôpital”.

9. Subsection 110 (6) of the Regulation is amended by striking out “to allow for a clinical intervention that requires the resident’s body or a part of the resident’s body to be stationary” at the end and by adding the following:

(a) to allow for a clinical intervention that requires the resident’s body or a part of the resident’s body to be stationary; or

(b) if the physical device is a bed rail used in accordance with section 15.

10. (1) Section 202 of the Regulation is amended by adding the following subsection:

(1.1) An applicant shall be placed in the exchange category on the waiting list for a specialized unit in a long-term care home if either of the following circumstances exist:

1. The applicant meets the requirements set out in clauses 176 (1) (a) and (b), and the result of the exchange will be that the applicant will become a resident of the specialized unit in the long-term care home to which the applicant seeks admission and a resident of the specialized unit in the home will be discharged.

2. A placement co-ordinator becomes aware of the opportunity to exchange a resident of one specialized unit of a long-term care home who seeks admission to a second long-term care home and a resident of the second specialized unit in a long-term care home who seeks admission to the first.  In this circumstance, each resident shall be placed in the exchange category of the appropriate waiting list.

(2) Paragraph 1 of subsection 202 (3) of the Regulation is revoked and the following substituted:

1. The highest priority shall be given to an applicant who is in the exchange category on the waiting list for the specialized unit.  As among themselves, these applicants shall be ranked according to the following order of priority:

i. The highest priority shall be given to an applicant who was discharged from a specialized unit because he or she was absent on a medical or psychiatric absence for a longer time than permitted under section 138, and is applying for admission to the specialized unit. As among themselves, these applicants shall be ranked according to the date of their original admission to the specialized unit.

ii. The next highest priority shall be given to an applicant who requires immediate admission as a result of a crisis arising from his or her condition or circumstances.  As among themselves, these applicants shall be ranked according to the urgency of their need for admission.

iii. All other applicants shall be ranked on the waiting list according to the time at which they applied for authorization of their admission to the specialized unit.

1.1 The next highest priority shall be given to an applicant who is in the re-admission category on the waiting list for the specialized unit. As among themselves, these applicants shall be ranked according to the date of their original admission to the specialized unit.

11. Section 224 of the Regulation is amended by adding the following subsection:

(0.1) For the purposes of clause 78 (2) (n) of the Act,

“non-arm’s length relationship” means the relationship between two parties engaged in a non-arm’s length transaction within the meaning of subsection 265 (1).

12. (1) Subparagraph 1 i of subsection 317 (3) of the Regulation is amended by striking out “section 9” and substituting “subsection 9 (1)”.

(2) Subparagraph 1 ii of subsection 317 (3) of the Regulation is amended by striking out “section 9” and substituting “subsection 9 (1)”.

(3) Paragraph 2 of subsection 317 (3) of the Regulation is amended by striking out “section 9” and substituting “subsection 9 (1)”.

(4) Subsection 317 (4) of the Regulation is amended by adding the following paragraph:

0.1 The licensee is exempt from subsection 9 (2) of this Regulation if it relies on the policy of the adjoining long-term care home.

(5) Subparagraph 3 i of subsection 317 (4) of the Regulation is amended by striking out “everything required under clauses 19 (1) (a), (b) and (c)” and substituting “those requirements”.

13. (1) Paragraph 2 of subsection 318 (1) of the Regulation is amended by striking out “on the site” and substituting “at the place”.

(2) Paragraph 5 of subsection 318 (1) of the Regulation is amended by striking out “site” and substituting “place”.

(3) Paragraph 8 of subsection 318 (1) of the Regulation is amended by striking out “site” and substituting “place”.

(4) Subparagraph 9 i of subsection 318 (1) of the Regulation is amended by striking out “section 9” and substituting “subsection 9 (1)”.

(5) Subparagraph 9 ii of subsection 318 (1) of the Regulation is amended by striking out “section 9” and substituting “subsection 9 (1)”.

(6) Paragraph 10 of subsection 318 (1) of the Regulation is amended by striking out “section 9” and substituting “subsection 9 (1)”.

(7) Paragraph 14 of subsection 318 (1) of the Regulation is amended by striking out “on the site” and substituting “at the place”.

(8) Subparagraph 19 ii of subsection 318 (1) of the Regulation is amended by striking out “site” and substituting “place”.

Commencement

14. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Sections 1 and 3 to 13 come into force on the later of August 1, 2011 and the day this Regulation is filed.

(3) Section 2 is deemed to have come into force on July 1, 2011.

 

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