Health Act 2007 (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013

• Jurisdiction: Ireland
• Citation: IR SI 367/2013
• Year: 2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st November, 2013.

I, JAMES REILLY, Minister for Health, in exercise of the powers conferred on me by sections 98 and 101 of the Health Act 2007 (No. 23 of 2007) (as adapted by the Health and Children (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 219 of 2011 ), hereby make the following regulations:

PART 1Preliminary

Citation and commencement

1. (1) These Regulations may be cited as the Health Act 2007 (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013.

(2) These Regulations come into operation on 1 November, 2013.

Definitions

2. In these Regulations—

“abuse” means mistreatment of any kind and includes the physical, financial or material, psychological, sexual or discriminatory mistreatment or neglect of a resident;

“Act” means the Health Act 2007 (No. 23 of 2007) as amended;

“advocacy” means a process of empowerment of the person which takes many forms and includes taking action to help communicate wants, secure rights, represent interests or obtain services needed;

“Authority” means the Health Information and Quality Authority;

“Certificate of Registration” means the certificate issued in respect of a designated centre by the chief inspector under the Health Act 2007 (Registration of Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013 ( S.I. No. 366 of 2013 );

“chief inspector” means the Chief Inspector of Social Services as defined in section 40 of the Act;

“child” means a person under the age of 18 years other than a person who is or has been married;

“communication” means the exchange of information between one person and another that may be written or spoken and may be facilitated through another person or by the use of aids, appliances or assistive technology;

“designated centre” means an institution to which paragraph (a)(ii) of the definition of “designated centre” in section 2(1) of the Act applies;

“Executive” means the Health Service Executive;

“person in charge” means the person appointed as the person in charge of a designated centre pursuant to Regulation 14 and named in the Certificate of Registration issued in respect of the designated centre;

“personal plan” means a plan prepared in accordance with Regulation 5(4);

“personal property and possessions” means the belongings, personal effects and monies that a resident brings into a designated centre and includes

(a) items purchased by or on behalf of the resident, and

(b) items and monies received by the resident,

while residing in the designated centre;

“record” means any record required to be kept or retained in accordance with Regulation 21;

“representative”, in relation to a resident, means a person acting on behalf of that resident for the purpose of representing the will and preferences of the resident and may include a child’s HSE Child and Family Social Worker, a carer of the resident or a person involved in promoting the health, welfare or wellbeing of the resident;

“resident” means an adult or a child being provided with residential services;

“resident’s guide” means the written guide produced in accordance with Regulation 20;

“restrictive procedure” means the intentional restriction of a person’s voluntary movement or behaviour;

“staff” means persons employed by the registered provider and includes persons placed in employment with the registered provider concerned by an employment agency used by that registered provider but does not include—

(a) persons who provide professional services to the designated centre and to whom the registered provider pays fees for such services, or

(b) volunteers;

“standards” means standards set by the Authority under section 8 of the Act and approved by the Minister under section 10 of the Act;

“statement of purpose” means the written statement compiled in accordance with Regulation 3.

PART 2Maintenance, Care, Support and Well-being of Persons Resident in a Designated Centre

Statement of purpose

3. (1) The registered provider shall prepare in writing a statement of purpose containing the information set out in Schedule 1.

(2) The registered provider shall review and, where necessary, revise the statement of purpose at intervals of not less than one year.

(3) The registered provider shall make a copy of the statement of purpose available to residents and their representatives.

Written policies and procedures

4. (1) The registered provider shall prepare in writing and adopt and implement policies and procedures on the matters set out in Schedule 5.

(2) The registered provider shall make the written policies and procedures referred to in paragraph (1) available to staff.

(3) The registered provider shall review the policies and procedures referred to in paragraph (1) as often as the chief inspector may require but in any event at intervals not exceeding 3 years and, where necessary, review and update them in accordance with best practice.

Individualised assessment and personal plan

5. (1) The person in charge shall ensure that a comprehensive assessment, by an appropriate health care professional, of the health, personal and social care needs of each resident is carried out—

(a) prior to admission to the designated centre; and

(b) subsequently as required to reflect changes in need and circumstances, but no less frequently than on an annual basis.

(2) The registered provider shall ensure, insofar as is reasonably practicable, that arrangements are in place to meet the needs of each resident, as assessed in accordance with paragraph (1).

(3) The person in charge shall ensure that the designated centre is suitable for the purposes of meeting the needs of each resident, as assessed in accordance with paragraph (1).

(4) The person in charge shall, no later than 28 days after the resident is admitted to the designated centre, prepare a personal plan for the resident which—

(a) reflects the resident’s needs, as assessed in accordance with paragraph (1);

(b) outlines the supports required to maximise the resident’s personal development in accordance with his or her wishes; and

(c) is developed through a person centred approach with the maximum participation of each resident, and where appropriate his or her representative, in accordance with the resident’s wishes, age and the nature of his or her disability.

(5) The person in charge shall make the personal plan available, in an accessible format, to the resident and, where appropriate, his or her representative.

(6) The person in charge shall ensure that the personal plan is the subject of a review, carried out annually or more frequently if there is a change in needs or circumstances, which review shall—

(a) be multidisciplinary;

(b) be conducted in a manner that ensures the maximum participation of each resident, and where appropriate his or her representative, in accordance with the resident’s wishes, age and the nature of his or her disability;

(c) assess the effectiveness of the plan; and

(d) take into account changes in circumstances and new developments.

(7) The recommendations arising out of a review carried out pursuant to paragraph (6) shall be recorded and shall include—

(a) any proposed changes to the personal plan;

(b) the rationale for any such proposed changes; and

(c) the names of those responsible for pursuing objectives in the plan within agreed timescales.

(8) The person in charge shall ensure that the personal plan is amended in accordance with any changes recommended following a review carried out pursuant to paragraph (6).

Health care

6. (1) The registered provider shall provide appropriate health care for each resident, having regard to that resident’s personal plan.

(2) The person in charge shall ensure that—

(a) a medical practitioner of the resident’s choice or acceptable to the resident is made available to the resident;

(b) where medical treatment is recommended and agreed by the resident, such treatment is facilitated;

(c) the resident’s right to refuse medical treatment shall be respected. Such refusal shall be documented and the matter brought to the attention of the resident’s medical practitioner;

(d) when a resident requires services provided by allied health professionals, access to such services is provided by the registered provider or by arrangement with the Executive; and

(e) residents are supported to access appropriate health information both within the residential service and as available within the wider community.

(3) The person in charge shall ensure that residents receive support at times of illness and at the end of their lives which meets their physical, emotional, social and spiritual needs and respects their dignity, autonomy, rights and wishes.

Positive behavioural support

7. (1) The person in charge shall ensure that staff have up to date knowledge and skills, appropriate to their role, to respond to behaviour that is challenging and to support residents to manage their behaviour.

(2) The person in charge shall ensure that staff receive training in the management of behaviour that is challenging including de-escalation and intervention techniques.

(3) The registered provider shall ensure that where required, therapeutic interventions are implemented with the informed consent of each resident, or his or her representative, and are reviewed as part of the personal planning process.

(4) The registered provider shall ensure that, where restrictive procedures including physical, chemical or environmental restraint are used, such procedures are applied in accordance with national policy and evidence based practice.

(5) The person in charge shall ensure that, where a resident’s behaviour necessitates intervention under this...