Regulations to the Act relating to social services etc.
Date FOR 1992-12-04-915
Ministry of Health and Care Services
Published In 1992 1357
Commencement 01.01.1993
Edited
FOR 2014-02-14-137 from 01/04/2014
Changes
For
Norway
Legal
LOV-2011-06-24-30-§13-2
Promulgated
Corrected 01.02.2012 (legal)
Short Title
Regulations to the Social Services Act
Chapter Overview:
Chapter 1. (Repealed)
Chapter 2. (Repealed)
Chapter 3. Audit of private institutions and private homes with clock care (§§ 3-1 - 3-2 - § 3-16)
Chapter 4. (Repealed)
Chapter 5. residents' rights and the use of coercion in institutions for the care and treatment of substance abusers (§§ 5-1 - 5-18)
Chapter 6. (Repealed)
Chapter 7. What should be counted as housing with care services of beds - Social Services Act § 7-12. (§§ 7-1 - 7-4)
Chapter 8. Consideration for social services and for stays in institutions etc. - Social Services Act § 11-2 and Municipal Health Service Act § 2-3 fifth paragraph ... (§§ 8-1 - 8-6)
Chapter 9. (Repealed)
Chapter 10. (Repealed)
Chapter 11. (Repealed)
Chapter 12. Commencement. (§12-1)
Adopted by Royal Decree. 4 December 1992 pursuant to Act 13 December 1991 no. 81 on social services etc. § 1.2, § 7.6, § 9.7, § 10.7, § 11.7, § 12.7, § 11-2 § 11-4, § 11-5 and § 12-2 and the law of 19 november 1982 No.. 66 municipal health § 2-3 fifth paragraph. Promoted by Ministry of Social Affairs (now the Ministry of Health).
Added basis: Law 24 June 2011 No.. 30 at municipal health services, etc. (health and care law) § 13-2.
Changes: Amended by regulations 15 January 1993 No.. 22, 10 Dec 1993 no. 1131, March 18, 1994 no. 218, January 6, 1995 no. 20, May 19, 1995 No.. 480, 25th April 1997 no. 385, 12 Dec 1997 no. 1300, 22 Dec 1999 no. 1378, January 5, 2001 No.. 10, 21 Dec 2001 no. 1484, 13 Dec. 2002 No.. 1496, 30 June 2006 No.. 768, 1 Jan 2006 no. 1326, 22 Dec 2008 no. 1541, 16 Dec 2009 No.. 1553, 20 Dec 2010 No.. 1755 16 Dec 2011 No.. 1255, 17 January 2013 No.. 61, February 14, 2014 No.. 137.
Amended by regulation 26 August 2016 No.. 1003 (effective November 1, 2016).
Chapter 1. (Repealed)
Chapter 2. (Repealed)
Chapter 3. Audit of private institutions and private homes with clock care
§ 3-1. Scope. The county governor supervises private institutions and private homes with clock care services that are not included in the municipal plan, cf. Social Services Act § 7-10.
§ 2.3 - § 3-16. (Repealed 1 January 2007, cf. Regulations 1 Jan 2006 no. 1326).
Chapter 4. (Repealed)
Chapter 5. Residents' rights and the use of coercion in institutions for the care and treatment of substance abusers
§ 5-1. Scope This regulation applies to institutions for substance abusers who are taken into the county's plans, ref. Social Services Act §§ 7-2 and 7-4.
Regulation is applicable to private institutions for drug abusers who are not admitted to the county's plans, ref. Social Services Act § 7-10.
Regulations apply to substance abusers who are taken into the institution by their own consent, cf. Social Services Act § 6-1 and § 6-3 after temporary decisions made by social services and by decision of the County Board, ref. Social Services Act § 6-2 and § 6-2a, unless otherwise stated in the individual provisions.
§ 5-2. Protection of personal integrity institution must operate in such a way that residents' personal integrity is safeguarded.
So far as is compatible with the purpose of stay in the institution and the institution responsible for the operation, it should run so that residents' ability to decide for themselves, are safeguarded.
To the limitations mentioned in the second paragraph should, inter alia,
1)
conditions are right for residents to participate in shaping the institution's daily lives and other circumstances affecting the individual resident,
2)
conditions are right for the residents should have the opportunity to cultivate their private interests and hobbies,
3)
institution show respect and pay attention to the individual resident beliefs and cultural background,
4)
residents not against his will be required to participate in conversations or meetings, etc. religious or partisan character
5)
residents have the company of other residents or outsiders as they wish.
§ 5-3. Medical care institution shall ensure that residents receive appropriate medical attention and treatment during their stay at the institution.
§ 5-4. Post Shipments Censorship of residents' mail is prohibited.
Residents should with these limitations could freely receive and send mail:
Post coming into or going out of the institution can be controlled when there is justified suspicion that the shipment contains intoxicants or anesthetics, or objects that can cause injury to persons or things.
Control shall be performed by the mail is opened by controlling or deputy in the presence of postal recipient or sender.
Decisions concerning control of mail shall be recorded and justified. The minutes shall be submitted to the supervisory authority.
In appeals of decisions about control will not control effected until the appeal is concluded.
§ 5-5. Drugs and dangerous objects institution may decide that it is prohibited to bring and store alcoholic beverages, drugs and other intoxicants in the institution. Illegal drugs and dangerous objects there anyway forbidden to bring.
§ 5-6. Body Visitation and ransacked their rooms and possessions Managers and their deputies may, by ingestion or during their stay in the institution, decide that it shall be carried out body searches and searches of the residents' rooms and possessions if there are grounds to suspect that the resident holds intoxicants, drugs or dangerous objects. Body Visitation under this section may only cover the body surfaces and oral cavity.
Search of rooms and possessions shall be conducted while the occupants are present unless it is unreasonably difficult because the resident has left the institution without their consent, will not be present, or the like.
Decision on body searches and searches of rooms and possessions shall be recorded and justified. The protocol will be submitted to the supervisory authority.
§ 5-7. The confiscation and destruction Drugs, including pharmaceuticals, which are found by ingestion or during their stay in the institution may be seized and destroyed. Illegal drugs should be handed over to the police.
Drugs prescribed by a physician outside the institution, can be decided destroyed or seized after consultation with a doctor.
Hazardous liable to seizure, handed over the police or destroyed. Illegal items will be handed over the police.
Decision on confiscation and destruction shall be recorded and justified. It must be clear what is seized or destroyed. The minutes shall be submitted to the supervisory authority.
§ 5-8. Urine sample case of voluntary admission to an institution can substance abuser give consent for it to be urine tests to detect drug use during their stay. The consent must be in writing and delivered before your stay begins.
By admission to an institution under the Social Services Act §§ 6-2 and 6-2a, the urine test only required prepared if required by the county board's decision.
Institutions must have rules for when a urine sample may be required prepared, procedures around the presentation and what the consequences can get it presented positive test or trial denied prepared. Urine samples shall also be handled in accordance with the Directorate of Health guidelines for such tests.
Rusmiddelmisbruk he must learn the rules before consent issued by ingestion based on their consent, cf. Subsection, or by beginning of the stay when ingested by decision of the County Board, ref. Subsection.
§ 5-9. Reversal of escapes If a drug addict who may be detained in an institution without their consent escaping, he returned. Apprehension and return of substance abuser must occur in such a gentle way as possible.
By escapes the institution shall immediately notify the social services, and if necessary the police. In cooperation with the institution, the social service shall take the necessary measures to reverse the substance abuser to the institution.
Social Services decides on the measures to be implemented. Social Services may decide that the reversal will not happen if it finds that a reversal is not appropriate.
§ 5-10. Visit the institution resident can, with the limitations imposed by subsection freely receive visits in the institution, and conditions shall be made for the implementation of such visits.
Institution may refuse resident visiting for a short period if necessary for reasons of treatment or rehabilitation program. It is not permitted to deny resident visits from lawyer, representative of public authority, a priest, another counselor or the like. Visits can not be refused if it would be unreasonable in the particular case.
Decision to deny resident visits shall be recorded and justified. The minutes shall be submitted to the supervisory authority.
§ 5-11. Short absence from the institution to the limitations imposed by subsections shall residents could freely move outside institution area.
At institutions where treatment, rehabilitation or detoxification is the main purpose of the stay, the absence denied if it is necessary for the program that the resident is present.
Is the resident placed in an institution on the basis of decisions by the Social Services Act §§ 6-2, 6-2a, or 6-3 Welfare Act §§ 4-24 or 4-26 or the Prison Act § 12, the institution may restrict the freedom to leaving the institution to the extent it is permitted by the decision.
§ 5-12. Longer absences from the institution (leave) Residents shall have the right to leave by agreement with the institution.
At institutions where treatment, rehabilitation or detoxification is the main purpose of your stay, you leave be refused if it is necessary for the program that the resident is present.
Is the resident placed in an institution on the basis of decisions by the Social Services Act §§ 6-2, 6-2a, or 6-3 Welfare Act §§ 4-24 or 4-26 or the Prison Act § 12, the institution may restrict access to leave to the extent it is permitted by the decision.
In institutions which are intended to be offered accommodation, the resident can be absent from the institution for up to 4 consecutive weeks without losing the right to place, on the condition that the institution has been notified of the absence. Absences beyond four weeks is only permitted when agreed with the institution and the municipality pays the stay.
Standing resident in danger of losing your place at the institution concerned shall be notified and given an opportunity to comment before the decision on the loss of the space is taken. Is not the resident to find when notice is given tried in a proper manner, or fails resident to respond despite notice, decision loss of the space taken without the resident has spoken.
By the way, the space during long absence, made available to others. The resident should be made aware of this.
§ 5-13. Luggage funds institution shall have adequate storage facilities for resident's money and valuables. Storage takes place against a receipt.
If the institution assumes management of residents' funds, must reassuring placement and verification of identity. The funds must be available for the resident unless otherwise agreed.
§ 5-14. Forced as part of the treatment forced medication or physical coercion is not permitted as part of the treatment.
Forced labor is permitted only as part of the treatment where it is part of a rehabilitation or treatment.
§ 5-15. Forced as criminal use of corporal disciplinary action, insulation, mechanical restraints, leave refusal, exit bans, work orders, financial penalties or forced medication is not allowed as a punishment.
§ 5-16. Coercion in emergencies If it is absolutely necessary to avert immediate danger of personal injury or substantial damage to property, it may by general nødretts- and self-defense considerations used necessary force. There is, however, that less severe methods considered futile or have proved obviously futile or inadequate.
Forced use must in such cases does not exceed what is necessary to avert damage. The measure shall cease immediately the damage or danger is averted.
Use of coercion that precaution can only be decided by the institution's leader or the person he / she authorizes. Forced medication must in such cases only be decided by and carried out by competent medical personnel.
If the situation makes it necessary to isolate the resident, cf. Subsection, at least one of the staff will always be present in the room or in adjoining rooms with unlocked door to isolate. Isolation is only allowed in rooms with window and with at least 8 m² floor space.
Decision on use of coercive measures should be justified, and it shall be kept separate enforcement protocol when coercive measures have been used. The protocol presented supervisory authority,. Social Services Act §§ 7-9 and 7-10 and this regulation Chapter 3.
§ 5-17. Complaints Decisions pursuant to Regulation residents, their relatives, guardian / guardian and another person from their contact with the individual resident is deemed to represent this, take up with the county or the institution's supervisory committee if such a committee has been appointed ref. Social Services Act § § 7-9 and 7-10 and this regulation § 3-10.
Claims against coercion can always be directed to the County Governor. The county governor is trying for a compulsory decision is lawful and proper.
Institution leader must do complain and freedom to take up violations of regulations by the supervisory authority known to those mentioned in the first paragraph. It shall be given written material about this.
§ 5-18. Agreements can not enter into agreements with residents about rules while in residential care which restricts the rights of the clients have under these regulations.
Chapter 6. (Repealed)
Chapter 7. What should be counted as housing with care services of beds - Social Services Act § 7-12.
§ 7-1. Scope. This regulation applies to the housing with clock care services that the municipality is responsible for the Social Services Act § 7-5.
Homes that are regulated by other laws are not covered by this regulation
§ 7-2. What should be regarded as residential with clock care. As housing with clock care services considered:
A)
retirement
B)
housing for children and adolescents under 18 years living outside the parental home as a result of the need for care, including respite homes.
C)
private catering
§ 7-3. The right to bring cases of doubt, the County Governor. The county governor decides in cases of doubt, what should be considered as a residence with clock care services by the Social Services Act Chap. 7.
§ 7-4. Message to the county. The municipality must notify the county governor council housing with clock care services by the Social Services Act and similar private initiatives municipality has an agreement with pursuant to § 7-4, ref. § 7-5 first paragraph, last sentence.
Chapter 8. Consideration for social services and for stays in institutions etc. - Social Services Act § 11-2 and Municipal Health Service Act § 2-3 fifth paragraph.
I. Consideration outside institution.
§ 8-1. Services that it is entitled to claim compensation for. The municipality may claim compensation for services by the Social Services Act § 4-2 letter a as it is not done except for in Regulations § 8-2 subsection 2.
Compensation may only be claimed by the person receiving the service. If the provision of services in the home because of a minor child care needs, regarded assistance provided to parents.
§ 8-2. Restrictions on the right to demand payment may not be demanded compensation for:
1.
Home care under the Act on Municipal Health § 1-3
2.
Practical assistance and training for the Social Services Act § 4-2 letter a personal care and self-care. With personal care and self-care means help to stand up and lie down, personal hygiene, toileting, to dress and undress, help to eat, proper supervision and the corresponding basic needs
3.
Relief measures for individuals and families in especially burdensome caring for the Social Services Act § 4-2 letter b. With relief measures in this regulation means measures implemented to help those who have particularly heavy burden of care in addition to services the need of care are allocated in accordance with the provisions of § 4-2 letters a, c and d
4.
Support person assigned to individuals or families as mentioned in the Social Services Act § 4-2 letter c
5.
Carer for people with especially burdensome caring for the Social Services Act § 4-2 letter e.
§ 8-3. The municipality's ability to determine pay rates, etc. for the individual services. The municipality can establish rules for payment of remuneration and pay rates for the services referred to in § 8.1.
The compensation must not exceed the municipality's own expenses for the relevant service (cost recovery). Paid services for a subscription arrangement consideration can not exceed the municipality's total full cost of services for the individual in the month subscription includes.
Full cost is calculated at an average hourly rate for the service performed, plus social charges and management expenses shall constitute 10% of the hourly wage and social spending. Those times are rounded to the nearest half hour.
The compensation can not be set higher than the respective container sufficient to meet personal needs and carry its responsibility as breadwinner.
You can not claim coverage in their fortune.
§ 8-4. Total income graded ceiling on spending for certain health and social services. When the municipality determines the maximum payment a person should pay pr. year for services as mentioned in § 8.1, payment is calculated on the basis of the household's total taxable net income before special deductions. The latest available income tax pr. 1 January of the current year is assumed unless the income is significantly changed. To income is also added auxiliary from social security to help around the house, while the carer as mentioned in § 8-2 subsection. 5 shall be deducted from income.
If the household's total taxable net income before special deductions is less than 2 G, the total consideration for the services referred to in § 8.1 shall not exceed a ceiling on spending of NOK 165 pr. month.
For household counted only spouses / partners and in addition children under 18 years, if the aid is granted on the basis of child care or care needs.
If any household members pay compensation for long-term stays under § 3 cf. § 6 of the Regulations on 26 April 1995 no. 392 concerning fees for stays in institutions, etc. - or receiving truncated insurance benefits because of staying away from home, he shall not as a member of the household by the provision in the second paragraph.
Ministry guidelines for the calculation of the consideration for the services referred to in § 1.8.
For permission to calculate compensation for other practical assistance than the one mentioned in § 8-1, § 8-3 subsections even fifth paragraph accordingly.
§ 8-5. Complain. Decision on payment under these regulations may be appealed to the county governor. The county governor may review all aspects of the decision. When it comes to testing the free discretion of the County Governor can only change a decision on payment for services as mentioned in § 8-1 when is manifestly unreasonable.
For decisions regarding payment for services by Municipal Health Services Act applies Administration Act §§ 28-34 fully.
II. Consideration for admission to an institution m v.
§ 8-6. Consideration for stays in institutions or homes with clock care. The municipality can demand payment for stays in institutions for drug abusers and housing with clock care services mentioned in the Social Services Act §§ 7-1, 7-5 and 7-10, cf. § 4-2, when the municipality completely or partially cover the costs to stay in such institutions or homes, or has guaranteed for their stay.
When calculating the compensation, the Act on compensation for stays in institutions, etc., Issued by the Ministry of Social Affairs on 26 April 1995 no. 392, as amended.
Chapter 9. (Repealed)
Chapter 10. (Repealed)
Chapter 11. (Repealed)
Chapter 12. Commencement.
§ 12-1. This regulation comes into force on 1 January 1993.
