Loading...
HomeMy WebLinkAbout1478A By-Law Respecting Licences for Nursing Homes. ~~ ; r ~ fi .. ~ (r_ (i (~ "registered nursing assistant" means a registered nursing assistant within the meaning of The Nurses Act, 1961-62, and includes a certified nursing assis- tant who is registered as a nursing. assistant under the g,o t ; "resident" means a resident of a nursing home; "sheltered care" means board and lodging and personal care provided to residents by or under the supervision of a registered nurse or a registered nursing assis- tant and includes, (i) such procedures as assisting residents with meals, dressing, movement and bathing, (ii) assistance with other personal needs, and 'iii) the planning and executing of services designed for the general health and well-being oP residents. ~. No',person shall, within the limits of the Township of Clark® operate a n~irsing home unless: or until he has obtained a licence therefor fr~m the Clerk of the 'Township of Clarke. 3. A ~'ee of X25.00 shall be paid by the proprietor for the licence issued to him. 4. Each licence shall be issued in respect of a specified location and the licence shall not be used by the proprietor for s location other than the one specified therein. 5. Eaph licence shall be issued in respect of a specified number of persons and the proprietor shall not permit a number of persons greeter than that specified in the licence to be cared for or lodged f pr hire at the location in respect of which the licence is issued. 6. Every applicant for a licence or renewal of a licence to operate a n~irsing home shall submit a written application in which he shall state: (a~ the name and address of the applicant; (b~ location of .the premises for which the licence is sought; (oj the number of rooms used for sleeping accommodation by the residents and the number of beds in each; (djthe maximum number of residents which the applicant. proposes to accommodate at one time; ' .~3.. j ~ i i (e) the number of bath-tubs or showers, wash-basins and flush toilets available for (f) such other information as ms dance with sections 8 and 9 ~. Each applicant for a licence or be accompanied by (a) a certificate of an officer use by the residents; ~y be required in aecor- of this by-la~v. renewal of a licence shall authorized to inspect buildings under The Fire hl+arshals Act certifying that the premises have been inspected by him within 3 months of the date of application end that they are reasonably safe from fire hazard; and (b) a certificate of the Medical Officer of Health certifying that the premises have been inspected by him or his representative within three months of the date of the application, and that, in his opinion, they are in reasonable compliance with the requirements of this By-law. 8. There a municipal. welfare administrator grants and the muni- cipality pays an allowance for a person who, (a) is in needy circumstances; (b) requires sheltered care as certified in writing by a physician; (a) is a resident of a nursing home that provides sheltered oars for the person. and is licensed by the municipality for that purpose and is governed by a municipal by-law containing the minimum requirements set out in Section 9; the proprietor of any lieeneed Nursing Home providing sheltered care for such patients shall provide the Municipal I~Telfare Administrator with any and all information requested by him to insure that the proper allowances m$y be received for such patients and shall certify upon request that the minimum requirements, as outlined hereunder, are being fully complied with. 9. The proprietor of a Nursing Home supplying Sheltered Care shall provide the following minimum requirements; (a) the nursing home is inspected at least once every three months by, (i) an officer authorized to inspect buildings under The Fire Marshals Act, and T' ~ 4 r (ii) the local medical officer of health; (b) officers authorized to inspect buildings under The Fire P~~arshals Aot, the local medical officer of health, any employee of the municipality required to administer or enforce the provisions of the by-law and provincial supervisors are given access at any time to the nursing home or any part thereof for the purposes of inspection; (c) the nursing home complies with any laws affecting the health of the inhabitants of the municipality in which the nursing home is located; (d) the nursing home complies with any rules or regulations of the local board of health and shall require the proprietor to ensure that, (e) written records are maintained in the nursing home of the inspections carried out under clause "a" and of the recommendations made pursuant to such inspections; (f) all fire hazards in the nursing home are eliminated and that the recommendations of an officer authorized ' to inspect buildings under The Fire I!~arshals Act are carried out; (g) all health hazards in the nursing home are eliminated and that the recommendations of the local medical officer of health are carried out; (h) there is adequate protection from radiators or other heating equipment; (i) the water supplies are adequate for all normal needs including those of fire protection; (~) there are at least two separate and unobstructed means of egress to the outside from floors with sleeping aceom- modation; (k) no matches, other than safety matches, are available for the staff or residents or used by them in or around the nursing home; (1) an inspection of the building is made each night to ensure that there is no danger of fire:; (m) adequate supervision is provided at all times for the security of the residents and the nursing home; _ ., _ y (n) Oxygen is not used or stored in the nursing home in a pressure vessel; (o) bed accommodation for residents is in rooms with a minimum of, (i) 600 cubic feet of air space and ']5 square feet of floor space for each resident sixteen ,years of age and over, and (ii ) 400 oubie feet of air. spade and 50 square feet of floor space for each resident under sixteen ,,years of age, with the beds so placed that no bed overlaps a window or radiator or is placed in a doorway, and r_o bed at any point is nearer to any other bed than 2-1/2 feet and that each room used for bed accommodation has at least one window that opens directly to the outside air, is equivalent in size to not less than 10 per cent of the floor space of the room. and is capable of ~eina opened or closed at all times; (p) no lobby, hallway, closet, bathroom, cellar, stairway or kitchen is used for bed accommodation at any time; (q) toilet .and bathing facilities are readily accessible to all residents with a minimum of one wash basin and one flusr toilet for every five residents and one bathtub or shower for every twelve residents; (r) a minimum temperature of ?ZoF, is maintained in the nursing home di_zring the period from. the lst day of October to the 31st da.y of P?ay; (s) adequate diet?r~r standards a.r.e maintained in the ntzrsin home and that nourishing meals are provided at regular and reasonable intervals and are prepared by or under the sup$rvision of a competent person; (t ) books of aec cunt and adequate records relatir_~^ to residents and staff are maintained in the marsing home; (u) no person is admitted to or retained as a resident in the nursir_g home, (i) who is a *naternity case, _+ 6 it (ii) who is mentally ill or mentally defective within the meaning of "'he l~~ental Hospitals Aot and eligible for admission to an institution under that pct. (iii) for whom a physician recommends treatment for aleo- holism or drug addiction, or (iv) for whom a physician recommends medical care or treatment in a hospital; (v) ' ~: $ sufficient number of staff in relation to the number of residents oared for is on duty in the nursing home at all times; (w) each member of staff is of suitable age, physically fit and qualified to undertake his duties in the nursing home and certified by a physician to be free from active tl~berculosis or other communicable or contagious disease; (x) where a resident dies in the nursing home, notice of the death is given to a coroner other than a coroner who has attended the deceased resident r~s a physician; (y) sheltered care is provided by or under the supervision of a registered nurse or a registered nursing assistant; and (z) medical care and attention is made available to the resi- dents. 10. there a municipal welfare administrator. grants and the municipality pays an allowance for a person who, (a) i s in needy circumstances; (b) requires. nursing services as certified in writing by a physician, anti (c) is a resident of a nursing home that provides nursing services to the person, is licensed by the municipality for that purpose and is gtfiverned by a municipal by-law containing the minimum requirements set out in sections 9 and 11; the proprietor of any licensed Pursing Home providing ?Nursing Service for such patients shall provide the A~unieipal Melfare administrator with any and all information requested by hirn to insure that the proper allowances may be received for such patients and ., 7` _. .: shall certify upon request that the minimum requirements as outlined hereunder are being fully complied with. 11. The proprietor of a Nursing Home supplying T?ursing Service shall provide, in addition to meeting ell requirements regarding sheltered care, the following minimum requirements: (a) nursing services are provided to residents by a registered nurse or a registered nursing assistant under the supervision of a registered nurse; (b) in a nursing home having less than fifty beds, a registered nurse or a registered nursing assistant is on duty in the nursing home at all times; (c) in a nursing horn.e having fifty beds or more, a registered nurse is on duty in the nursing home at all times; (d) where nursing services are provided to residents by a registered nursing assistant, adeouate arrangements are. made so that a registered nurse is on duty in the marsing home for a period of not less than eight hours each week to supervise the nursing services of the registered nursing assistant and to assess and review the individual nursing Dare of each resident at least once each week; (e) each resident is or has been admitted to the nursing home on the recommendation of a physician and, while e resident therein, is under the continuing care. and supervision of a physician; and (f) adequate arrangements are made so that a physician is available at all times to provide medical care and attention, emergency or otherwise, as may be required from time to time by any resident. (g) any other requirements made by the Department of Public 'PJelfare and contained in relevant legislation or regu~ lations made thereunder. 12. 'Nhere a person in respect of whom a contribution is made under section 8 or 10 is a recipient of a governmental benefit, the allowance computed for the purpose of section 8 or 10, as the case may be, shall be reduced by the amount of the governmental benefit less 15 per cent of that benefit and the proprietor of a nursing home 'y W. .. shall keep the Pu~i~nieipal ?~7elfare Administrator advised of any fact or chan<~;e of feat that may affect or alter the grant payable. 13. Since no payment shall be made by Ontario to a municipality under section 8 or 10 unless the Director is satisfied that the nursing home is in compliance with the requirements of the municipal bz~-law under which i t i s licensed, the proprietor of an~r nursi nQ home shall ens~xre that all requirements of this by-law are fully met in order to er_sure payments of the appropriate Provincial Grant. 14. For the purposes of section 13, fhe Director may require the inspection of the nursing home by a provincial supervisor and the praprietor of any .nursing home licensed under this b~~-law shall admit to the home and co-operate fully with any such supervisor. 15. For the purposes of this by-law the terms "Sheltered Care" and "nursing Services" shall be defined as follows: (a) "Sheltered Dare" means board and lodging and personal Dare provided to residents by or under the supervision of a registered nurse or a registered nursing assistant, and includes, (i) such procedures as assisting residents witr. meals, dressing, movement and bathing, (ii) assistance with other personal needs, and (iii} the planning and executing of services designed for the general health and well-being of residents. (b) "T?ursing serviaesn means nursing services provided to residents by or under the supervision of a registered nurse, and includes the rlanning and executing of nursing care in accordance with the orders, instructions and prescriptions of a physician. 16. In every nursing home, the licence shall be posted in a conspicuous place in the lower hallway and a printed copy of this per-law shall be made available by the broprietor for examination upon the request of any resident in the nursing home. 1']. The '_Runieipality or the Board may at any time revoke any licence issued under this ?3y-law, and notice thereof shall be given btT the r~unieipality or the Board by registered letter mailed to the proprietor at the address in respect of which the licence was issued. .~. ~~ -9- 1~. Lach licence shall be in force for one ~~ear Prom first of Jar_~aar~r to 31st of December. 19. An~r rroprietor or other person concerned in the management of a ntzrsir.~: ro*~e v~+ho is nuilty of an offence under this R~,-laT~~ sha11 on st;mm~r~r conviction be liable to a nenalttr of not More th~r. .~a50.00 for each offence. 20. ?`?othin~ in this ?3~r-la~r~ shall be construed to abro;ate or lesser. ar.T~ and all requirements that "'he ?~enartment of ?'ublic 'Welfare rave er.~cted to novern the operation of '~Tursin~ Homes in the Province and such requiremer_ts shall be read mutatis mutandis .pith the pro- visions of this ?'v-lA~~. 21. orris ~~r-late sha11 take effect on and from the 6th day of ~~ri l ~ 1c~65 . 22. T?~T-lam T?o. ?45R be and is herebTT repealed. Read a First and second time t~!is Gtr da~r of !~~pri_1 1965. Read a third time and fi na ll~r passed this 6th da~r of A?~ri 1 196 5. -~~ ~ . ~ ~~ _ P,eev ~. ~ ~' A ~1 ~~:~-~ C'~e rk . ,,., .~ a ~~~~ ~ rn ~~ aw ~a~~ ~s ~s ~. w ~. ~, ~ N ~ ~ t-~ '7' r-' ;~• ~rJ ice. ~ .5 C7 ~:; 7~ `S ,T to N• U'tp..VZCr (D ;~' • ~,• • ~ ~n H N N• N !~ 'J nV, 1'~ V Vmt \V 1 n d ^~^ 1-~~ '\'f 1 '.~ ~s o ~ ~ ~ ~ ~ ~ ~r ~ ~ ~+ N• ~ ~ ~ ~ ~ ~ ~ e~ ~- w !~• y ~ ~ ~ O ~~ C'4 ~ ~h ~ N G7 N. ~-' ct' • n F.,. ~' ~ 'LS ;~ n O (-1 ~ '~ O m y n~, !` u. O t s °s [~[: t. s