Acts and Regulations

2022-13 - Nursing Homes Act

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NEW BRUNSWICK
REGULATION 2022-13
under the
Nursing Homes Act
(O.C. 2022-62)
Filed March 18, 2022
1Section 2 of New Brunswick Regulation 85-187 under the Nursing Homes Act is amended
(a) by repealing the following definitions: 
“registered nurse”;
“registered nursing assistant”;
(b) in the definition “care staff” by striking out “registered nursing assistants” and substituting “licensed practical nurses”;
(c) by adding the following definitions in alphabetical order: 
“licensed practical nurse” means a licensed practical nurse registered under the Licensed Practical Nurses Act who is an active member of the Association of New Brunswick Licensed Practical Nurses;(infirmière ou infirmier auxiliaire autorisé)
“registered nurse” means the holder of a current certificate of registration under the Nurses Act;(infirmière ou infirmier immatriculé)
2The Regulation is amended by adding before section 10 the following:
Discharge
9.2An operator may discharge a resident in any of the following circumstances:
(a) the resident is a safety threat to themselves or other residents or staff and the nursing home is not able to provide the necessary level of care;
(b) the nursing home is no longer able to meet one or more of the needs of the resident;
(c) the operator and the resident, and the next of kin or legal representative of the resident, if any, cannot reach an agreement with respect to the resident’s care despite taking all reasonable measures to do so; or
(d) the resident has not made full payment for accommodation and services provided in the nursing home and the operator and the resident cannot reach an agreement with respect to payments despite taking all reasonable measures to do so.
3Section 14 of the Regulation is amended
(a) in paragraph (1)(b) by striking out “ensure that he is free from a” and substituting “determine whether the person is a carrier of or sick from a”;
(b) in subsection (2) by striking out “disease” and substituting “disease, except under the conditions determined by a medical officer of health”.
4Section 18 of the French version of the Regulation is amended
(a) in paragraph a) by striking out “enregistré” and substituting “immatriculé”;
(b) in paragraph b) by striking out “enregistré” and substituting “immatriculé”;
(c) in paragraph c) by striking out “enregistré” and substituting “immatriculé”.
5Paragraph 19(a) of the Regulation is amended by striking out “his” and substituting “their”.
6Section 20 of the Regulation is amended
(a) in subsection (1)
(i) in paragraph (a) of the English version by striking out “injury to himself or” and substituting “self-injury or from injuring”;
(ii) in paragraph (b) by striking out “nurse or” and substituting “registered nurse or”;
(b) in paragraph (3)(c) by striking out “a nurse” and substituting “the registered nurse”.
7Section 21 of the Regulation is amended
(a) by repealing paragraph (e) and substituting the following: 
(e) no resident keeps or is permitted to keep medication on their person or in their room unless authorized by the resident’s attending physician, a pharmacist, a nurse practitioner or a registered nurse under any conditions that may be imposed by the attending physician, pharmacist, nurse practitioner or registered nurse;
(b) in paragraph (g) by striking out “his” and “a nurse,” and substituting “their” and “a registered nurse,” respectively.
8Paragraph 23(e) of the English version of the Regulation is amended by striking out “his” and substituting “their”.