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"Point in Time" Regulation Content

Community Care and Assisted Living Act

Residential Care Regulation

B.C. Reg. 96/2009

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 October 1, 2009
Section 2 July 19, 2016
Section 3 July 19, 2016
Section 9 July 19, 2016
Section 23 September 1, 2016
Section 24.1 July 19, 2016
Section 37 July 19, 2016
Section 42 July 19, 2016
Section 63 July 19, 2016
Section 68 October 1, 2009
Section 74 July 19, 2016
Section 78 July 19, 2016
Section 83 January 15, 2010
Section 85 January 15, 2010
Section 85.1 May 31, 2012
Section 91 May 31, 2012
Section 94 January 15, 2010
Schedule D December 1, 2013
July 19, 2016

 Section 1 definition of "medication" BEFORE amended by OIC 225/2009 effective October 1, 2009.

"medication" means a drug as defined in the Pharmacists, Pharmacy Operations and Drug Scheduling Act;

 Section 2(1) BEFORE amended by BC Reg 178/2016 effective July 19, 2016.

(1) A prescribed residential program for the purpose of paragraph (b) of the definition of "care" in section 1 of the Act is Child and Youth Residential, being a program that provides residential care, including the types of care set out in subsection (2), to children and youths.

 Section 2(2)(b) BEFORE amended by BC Reg 178/2016 effective July 19, 2016.

(b) Mental Health and Substance Use, being residential care for persons who are in care primarily due to a mental disorder, substance dependence or both;

 Section 2(2)(b.1) was added by BC Reg 178/2016 effective July 19, 2016.

 Section 3 BEFORE re-enacted by BC Reg 178/2016 effective July 19, 2016.

School residences exempted

3   A residential facility is exempt from the Act if the facility is located wholly on property owned or controlled by a school under the School Act or the Independent School Act.

 Section 9(1) BEFORE amended by BC Reg 178/2016 effective July 19, 2016.

(1) A licensee must not suspend, temporarily or permanently, operation of a community care facility unless the licensee has given written notice to a medical health officer at least one year before the suspension begins.

 Section 9(2)(a) BEFORE amended by BC Reg 178/2016 effective July 19, 2016.

(a) given written notice to a medical health officer at least 120 days before the reduction, expansion or change begins, and

 Section 9(3)(a) BEFORE amended by BC Reg 178/2016 effective July 19, 2016.

(a) either given written notice to a medical health officer at least 120 days before the sale, lease or transfer, or been informed by a medical health officer that notice

(i) need not be in writing, or

(ii) may be given in fewer than 120 days, and

 Section 23 BEFORE re-enacted by 178/2016 effective September 1, 2016.

Smoking

23   A licensee must ensure that

(a) no one other than a person in care smokes while on the premises of a community care facility,

(b) employees do not smoke while supervising persons in care, and

(c) if necessary for the safety of the person in care, a person in care who is smoking is supervised.

 Section 24.1 was enacted by BC Reg 178/2016 effective July 19, 2016.

 Section 37(1)(part) BEFORE amended by BC Reg 178/2016 effective July 19, 2016.

(1) A licensee must not employ a person in a community care facility unless the licensee or, in the case of a person who is not the manager, the manager has obtained all of the following:

 Section 37(3) was added by BC Reg 178/2016 effective July 19, 2016.

 Section 42(1)(b) BEFORE amended by BC Reg 178/2016 effective July 19, 2016.

(b) assist persons in care with activities of daily living, including eating, mobility, dressing, grooming, bathing and personal hygiene, in a manner consistent with the health, safety and dignity of persons in care.

 Section 63(3)(c)(iv) BEFORE amended by BC Reg 178/2016 effective July 19, 2016.

(iv) reassessed by the person in care's medical practitioner or nurse practitioner at least once every 30 days.

 Section 68(3)(b)(i) BEFORE amended by OIC 225/2009 effective October 1, 2009.

(i)  the safe and effective storage, handling and administration of the person in care's medications, in compliance with the Pharmacists, Pharmacy Operations and Drug Scheduling Act, and

 Section 74(1)(a) BEFORE amended by BC Reg 178/2016 effective July 19, 2016.

(a) in an emergency, or

 Section 78(1.1) was added by BC Reg 178/2016 effective July 19, 2016.

 Section 83 (3) BEFORE amended by BC Reg 10/2010 effective January 15, 2010.

(3)  A licensee must review the nutrition plan of a person in care with a dietitian on a regular basis and if requested or required by

(a) a health care provider who provides care to the person in care,

(b) a medical health officer, or

(c) a funding program.

 Section 85 (1) (c) (ii) BEFORE amended by BC Reg 10/2010 effective January 15, 2010.

(ii)  to a medical health officer on request, and

 Section 85 (1) (c) (ii.1) was added by BC Reg 10/2010 effective January 15, 2010.

 Section 85.1 was added by BC Reg 110/2012 effective May 31, 2012.

 Section 91 BEFORE amended by BC Reg 110/2012 effective May 31, 2012.

 Currency and availability of records

91  (1)  A licensee must ensure that all records referred to in this regulation

(a) are current, and

(b) if the licensee operates more than one community care facility, are kept separately for each community care facility.

(2)  In respect of a record referred to in this regulation, a licensee must

(a) keep in a single place at the community care facility the records referred to in sections 78 to 81, 85, 88 and 89,

(b) keep a record other than one referred to in paragraph (a) in a place from which it can be retrieved within a reasonable time, on request, and

(c) produce records, on demand, to the medical health officer.

(3)  A licensee must ensure that a record relating to a person in care is accessible only to employees who require access to perform their duties in relation to the person in care.

 Section 94 (1) BEFORE amended by BC Reg 10/2010 effective January 15, 2010.

(1)  In this Division, "transitioned facility" means a facility that was licensed on or before August 1, 2000.

 Schedule D, section 1 definitions of "aggressive or unusual behaviour" and "choking" BEFORE amended by BC Reg 205/2013 effective December 1, 2013.

"aggressive or unusual behaviour" means aggressive or unusual behaviour by a person in care towards other persons, including another person in care, which has not been appropriately assessed in the care plan of the person in care;

"choking" means a choking incident involving a person in care that requires emergency care by a medical practitioner or nurse practitioner, or transfer to a hospital;

 Schedule D, section 1 definition of "aggression between persons in care" was added by BC Reg 205/2013 effective December 1, 2013.

 Schedule D, section 1 definition of "emergency restraint" BEFORE amended by BC Reg 178/2016 effective July 19, 2016.

"emergency restraint" means any use of a restraint that is not agreed to under section 74 [when restraints may be used];