Acts and Regulations

2021-86 - Nursing Homes Act

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NEW BRUNSWICK
REGULATION 2021-86
under the
Nursing Homes Act
(O.C. 2021-321)
Filed December 13, 2021
1New Brunswick Regulation 85-187 under the Nursing Homes Act is amended by adding before section 1 the following:
Citation
2The Regulation is amended by adding before section 2 the following:
Definitions
3Section 2 of the French version of the Regulation is amended in the definition « évaluation des soins infirmiers » by striking out “Ministre” and substituting “ministre”.
4The heading “PART I” preceding section 3 of the Regulation is repealed.
5The heading “CONSTRUCTION, RENOVATIONS OR ALTERATIONS” preceding section 3 of the Regulation is repealed.
6The Regulation is amended by adding before section 3 the following:
Construction, renovations or alterations
7Section 3 of the French version of the Regulation is amended by striking out “Ministre” and substituting “ministre”.
8The heading “LICENSING” preceding section 4 of the Regulation is repealed.
9The Regulation is amended by adding before section 4 the following:
Application for a licence
10Section 4 of the French version of the Regulation is amended
(a) in subsection (1) in the portion preceding paragraph a) by striking out “Ministre” and substituting “ministre”;
(b) in subsection (2) in the portion preceding paragraph a) by striking out “Ministre” and substituting “ministre”.
11The Regulation is amended by adding before section 5 the following:
Content of licence
12Section 5 of the French version of the Regulation is amended in the portion preceding paragraph a) by striking out “Ministre” and substituting “ministre”.
13The heading “FEES” preceding section 6 of the Regulation is repealed.
14The Regulation is amended by adding before section 6 the following:
Fees
15The heading “PART II” preceding section 7 of the Regulation is repealed.
16The heading “ADMINISTRATION ADMISSION” preceding section 7 of the Regulation is repealed.
17The Regulation is amended by adding before section 7 the following:
Admission
18Section 7 of the Regulation is amended by striking out “on the basis of the person’s needs and the ability of the nursing home to meet those needs”.
19The Regulation is amended by adding before section 8 the following:
Admissions committee
20Section 8 of the French version of the Regulation is amended by striking out “comité d’admissions” and substituting “comité d’admission”.
21The Regulation is amended by adding before section 9 the following: 
Criteria with respect to admissions
22Subsection 9(1) of the French version of the Regulation is amended in the portion preceding paragraph a) by striking out “Il interdit” and substituting “Il est interdit”.
23The Regulation is amended by adding after section 9 the following:
Selection of nursing homes and management of wait lists
9.01(1)A prospective resident of a nursing home shall make a request in writing to the Minister for admission to a nursing home and shall select two nursing homes in the request.
9.01(2)Despite subsection (1), a prospective resident may select only one nursing home if the residence of the prospective resident is not 100 km or less from two nursing homes that offer services in the official language of choice of the prospective resident.
9.01(3)On receipt of a request under subsection (1), the Minister shall ensure that the name of the prospective resident is registered on
(a) the provincial wait list,
(b) for the purposes of regular placements, the wait lists of the nursing homes selected by the prospective resident, and
(c) for the purposes of interim placements, the wait lists of nursing homes that
(i) do not have any prospective residents on the wait list for regular placements,
(ii) are 100 km or less from the residence of the prospective resident, and
(iii) offer services in the official language of choice of the prospective resident.
9.01(4)Despite subsections (1) to (3), a prospective resident who must be admitted to a specialized unit shall not select nursing homes in the request under subsection (1) and the name of the prospective resident shall be registered only on the wait lists of nursing homes that have the type of specialized unit required to care for the prospective resident.
Interim placements
9.02(1)If the nursing homes selected by a prospective resident in the request do not have a vacancy for the prospective resident, the prospective resident may be offered an interim placement at a nursing home referred to in paragraph 9.01(3)(c).
9.02(2)Despite subsection (1), only a prospective resident who resides on Campobello Island or Grand Manan Island shall be offered an interim placement on Campobello Island or Grand Manan Island, as the case may be.
9.02(3)Subsection (1) does not apply to a prospective resident who has a need referred to in paragraph 9.03(3)(b).
9.02(4)If a prospective resident accepts an interim placement, the name of the resident shall remain registered on the wait lists of the nursing homes selected in the request for the purposes of a regular placement.
9.02(5)If a prospective resident who has accepted an interim placement is offered a regular placement at a nursing home selected in the request, the resident may
(a) accept the offer and transfer to the nursing home selected in the request, or
(b) remain a resident of the nursing home where they currently reside, in which case that nursing home becomes the regular placement of the resident and the name of the resident is removed from all wait lists.
9.02(6)If a prospective resident does not accept an interim placement under subsection (1), the name of the prospective resident shall be placed at the bottom of all wait lists.
9.02(7)Subsection (6) does not apply to a prospective resident who has been discharged from a hospital facility operated by a regional health authority as defined in the Regional Health Authorities Act but who remains in the hospital facility as an alternative level of care patient.
Selection process with respect to regular placements
9.03(1)For the purposes of this section, “responsive behaviours” means behaviours that are the result of changes in the brain affecting memory, judgment, orientation, mood and behaviour and often indicate
(a) an unmet need in a person, whether cognitive, physical, emotional, social, environmental or other, or
(b) a response to circumstances within the social or physical environment that may be frustrating, frightening or confusing to a person.
9.03(2)An operator or an admissions committee shall select prospective residents from the wait list of the nursing home in chronological order for the purposes of regular placements.
9.03(3)Despite subsection (2), an operator or an admissions committee may skip the next prospective resident on the wait list if
(a) the nursing home is unable to provide services in the official language of choice of the next prospective resident,
(b) the nursing home is unable to meet one or more of the following needs of the next prospective resident:
(i) the need to be admitted to a specialized unit,
(ii) the need for peritoneal dialysis treatment,
(iii) the need for specialized bariatric care, or
(iv) the need for specialized care dealing with responsive behaviours,
(c) a resident of a different gender must be selected due to bedroom or bathroom configurations,
(d) infection control concerns would be created due to bedroom or bathroom configurations, or
(e) the available bed is located in a room that is configured to meet specialized needs that the next prospective resident does not have.
9.03(4)An operator or an admissions committee may select for admission to a nursing home a person who is not the next prospective resident on the wait list if
(a) the person is the spouse of a resident and meets the requirements for admission to a nursing home or a special care home, being a community placement resource as defined in section 23 of the Family Services Act,
(b) the person is a child, parent or sibling of a resident and meets the requirements for admission to a nursing home or a special care home, being a community placement resource as defined in section 23 of the Family Services Act, and either the person or the resident was previously dependent on the other because of a physical or mental disability that substantially limits the ability of the person or resident to carry out normal daily activities, or
(c) the available bed is identified and funded for priority access by a veteran and the nursing home has been selected by a veteran whose name is registered on the wait list.
9.03(5)An operator or an admissions committee relying on a factor referred to in subsection (3) or (4) to select a prospective resident who is not the next prospective resident on the wait list shall make a request to the Minister in writing with reasons.
9.03(6)If a nursing home is unable to meet the needs referred to in paragraph (3)(b) of the next prospective resident, the operator or admissions committee shall develop a plan to accommodate the next prospective resident or future prospective residents with similar needs, if possible, and shall send the plan to the Minister with the request referred to in subsection (5).
9.03(7)Within two business days after receiving a request referred to in subsection (5), the Minister shall approve or reject the request and notify the operator or admissions committee and the operator or admissions committee shall act in accordance with the decision of the Minister.
9.03(8)The name of a prospective resident shall be placed at the bottom of all wait lists if the prospective resident does not accept a regular placement at a nursing home that offers services in the official language of choice of the prospective resident, if the nursing home
(a) was selected by the prospective resident in the request, or
(b) has the type of specialized unit required to care for the prospective resident, in the case of a prospective resident referred to in subsection 9.01(4).
9.03(9)Subsection (8) does not apply to a prospective resident who has been discharged from a hospital facility operated by a regional health authority as defined in the Regional Health Authorities Act but who remains in the hospital facility as an alternative level of care patient.
Alternative level of care patients
9.04(1)A prospective resident who has been discharged from a hospital facility operated by a regional health authority as defined in the Regional Health Authorities Act but who remains in the hospital facility as an alternative level of care patient shall accept the first offer of a placement at a nursing home that offers services in the official language of choice of the prospective resident, if the nursing home
(a) was selected by the prospective resident in the request, as a regular placement, or
(b) is 100 km or less from the residence of the prospective resident, as an interim placement.
9.04(2)Despite subsection (1), a prospective resident referred to in subsection (1) who must be admitted to a specialized unit shall accept the first offer of a placement at a nursing home that offers services in the official language of choice of the prospective resident and that has the type of specialized unit required to care for the prospective resident.
24Section 9.1 of the Regulation is repealed.
25The heading “RECORDS” preceding section 10 of the Regulation is repealed.
26The Regulation is amended by adding before section 10 the following:
Records
27The heading “GENERAL AND SAFETY” preceding section 11 of the Regulation is repealed.
28The Regulation is amended by adding before section 11 the following:
Maintenance
29The Regulation is amended by adding before section 12 the following:
Clear and free spaces
30The Regulation is amended by adding before section 13 the following:
Fire and safety program
31Paragraph 13c) of the French version of the Regulation is amended by striking out “Ministre” and substituting “ministre”.
32The Regulation is amended by adding before section 14 the following: 
Employees in a nursing home
33Subsection 14(3) of the French version of the Regulation is amended by striking out “Ministre” and substituting “ministre”.
34The heading “USE OF OXYGEN” preceding section 15 of the Regulation is repealed.
35The Regulation is amended by adding before section 15 the following:
Use of tank oxygen
36The Regulation is amended by adding before section 16 the following:
Administration of tank oxygen
37The heading “PART III” preceding section 17 of the Regulation is repealed.
38The heading “CARE SERVICES” preceding section 17 of the Regulation is repealed.
39The Regulation is amended by adding before section 17 the following: 
Program with respect to orientation and in-service training
40The Regulation is amended by adding before section 18 the following: 
Provision of care
41The heading “MEDICAL AND DENTAL CARE” preceding section 19 of the Regulation is repealed.
42The Regulation is amended by adding before section 19 the following: 
Attending physician
43The Regulation is amended by adding before section 20 the following: 
Restraining device
44The Regulation is amended by adding before section 21 the following: 
Medications
45The Regulation is amended by adding before section 22 the following: 
Medical record
46The heading “DIETARY AND FOOD SERVICE STANDARDS” preceding section 23 of the Regulation is repealed.
47The Regulation is amended by adding before section 23 the following: 
Dietary and food service standards
48The heading “ACTIVATION AND REHABILITATION PROGRAMS” preceding section 24 of the Regulation is repealed.
49The Regulation is amended by adding before section 24 the following: 
Activation and rehabilitation programs
50The heading “PART IV” preceding section 25 of the Regulation is repealed.
51The heading “PHYSICAL STANDARDS FOR NURSING HOMES” preceding section 25 of the Regulation is repealed.
52The Regulation is amended by adding before section 25 the following: 
Physical standards
53Section 25 of the Regulation is amended
(a) in subsection (1) by striking out “in this Part” and substituting “in sections 25 to 33”;
(b) in subsection (2) by striking out “under this Part” and substituting “in sections 25 to 33”.
54The Regulation is amended by adding before section 26 the following: 
Furnishings and equipment
55The Regulation is amended by adding before section 27 the following: 
Emergency lighting
56The Regulation is amended by adding before section 28 the following: 
Temperature
57Section 28 of the French version of the Regulation is amended by striking out “à au moins 23° Celsius” and substituting “à 23° C”.
58The Regulation is amended by adding before section 29 the following:
Prohibitions with respect to heating systems
59The Regulation is amended by adding before section 30 the following:
Sprinkler systems
60The Regulation is amended by adding before section 31 the following:
National Building Code of Canada
61The Regulation is amended by adding before section 32 the following:
Call system
62The Regulation is amended by adding before section 33 the following:
Automatic alarm system
63The heading “PART V” preceding section 34 of the Regulation is repealed.
64The heading “FINANCIAL REPORTING” preceding section 34 of the Regulation is repealed.
65The Regulation is amended by adding before section 34 the following: 
Financial reporting
66Section 34 of the Regulation is amended by striking out “This Part applies” and substituting “Sections 34 to 40 apply”.
67The Regulation is amended by adding before section 35 the following:
Fiscal year
68Section 35 of the French version of the Regulation is amended by striking out “L’année financière” and substituting “L’exercice financier”.
69The Regulation is amended by adding before section 36 the following:
Financial assistance
70Section 36 of the French version of the Regulation is amended by striking out “Ministre” wherever it appears and substituting “ministre”.
71The Regulation is amended by adding before section 37 the following:
Financial statements
72Section 37 of the French version of the Regulation is amended
(a) in subsection (1) by striking out “Ministre” wherever it appears and substituting “ministre”;
(b) in subsection (2) by striking out “Ministre” and substituting “ministre”.
73The Regulation is amended by adding before section 39 the following:
Financial assistance by Minister
74Section 39 of the French version of the Regulation is amended by striking out “Ministre” and substituting “ministre”.
75The Regulation is amended by adding before section 40 the following:
Financial assessment
76Section 40 of the French version of the Regulation is amended by striking out “Ministre” and substituting “ministre”.
77The heading “PART VI” preceding section 40.1 of the Regulation is repealed.
78The heading “DUTIES OF INSPECTORS” preceding section 40.1 of the Regulation is repealed.
79The Regulation is amended by adding before section 40.1 the following:
Duties of inspectors
80Section 40.1 of the French version of the Regulation is amended by striking out “Ministre” and substituting “ministre”.
81The heading “PART VII” preceding section 40.2 of the Regulation is repealed.
82The heading “BOARDS OF DIRECTORS OF NON-PROFIT NURSING HOMES” preceding section 40.2 of the Regulation is repealed.
83The Regulation is amended by adding before section 40.2 the following:
Boards of directors of non-profit nursing homes
84The Regulation is amended by adding before section 40.3 the following:
Composition of boards of directors
85This Regulation comes into force on April 1, 2022.