Summary
On March 20, 2020, amendments to Regulation 79/10 under the
Long-Term Care Homes Act, 2007 (the
"Act") came into force, easing certain
requirements in response to the COVID-19 global pandemic. The
regulatory amendments streamline current staffing and training
procedures in long-term care homes and alleviate homes from certain
requirements for the duration of a pandemic.
The Amendments
Securing Alternative Nursing Care Support
Where a registered nurse is prevented from getting to a home in the
case of a pandemic, the home may fulfill its legislative and
regulatory requirements to provide nursing care by securing the
services of:
- another registered nurse, including a nurse arranged through a third-party contract;
- a registered practical nurse, including a nurse arranged through a third-party contract, so long as the Director of Nursing and Personal Care or a registered nurse is available for consultation; or
- a staff member of the home possessing the skills to allow him or her to provide care to a resident, so long as the Director of Nursing and Personal Care or a registered nurse is available for consultation. The staff member must be a member of a regulated health profession.
Director of Nursing and Personal Care Requirements
The requirement that a Director of Nursing and Personal Care works
a full-time position as well as the requirements mandating the
Director of Nursing and Personal Care be on-site for a minimum
number of hours per week (4-35 hours depending on licensed bed
capacity), will not apply during a pandemic.
Police Record Checks for New Staff and Volunteers
New staff and volunteers are not required to provide a police
record check during a pandemic. Instead, any new employee or
volunteer must provide a historical police record check and sign a
declaration confirming that he or she has not been charged or
convicted under certain statutes, including the Cannabis
Act, the Criminal Code, the Controlled Drugs and
Substances Act and the Food and Drugs Act, since the
date of the historical police record check. If the historical
police record check is unavailable, a declaration confirming the
employee or volunteer has not been charged is sufficient.
Note that once hired or accepted, staff members and volunteers have
a continuing obligation to promptly advise the licensee if they
have been made aware of any charges laid or orders made against
them. In the case of a charge, the staff member or volunteer must
advise the licensee whether they have been convicted or if the
charge is otherwise disposed of.
Revised Training Timelines
During a pandemic, employees are not required to complete training
before they commence employment. Instead, they must complete
training within the following timelines:
Within one week of beginning employment:
- the Residents' Bill of Rights;
- the long-term care home's policy to promote zero tolerance of abuse and neglect of residents
- the duty under section 24 of the Act to make mandatory reports;
- fire prevention and safety;
- emergency and evacuation procedures; and
- infection prevention and control.
Within three months of beginning employment:
- the long-term care home's mission statement;
- the protections afforded by section 26 of the Act;
- the long-term care home's policy to minimize the restraining of residents;
- all Acts, regulations, policies of the Ministry of Health and Long-Term Care and similar documents, including policies of the licensee, that are relevant to the person's responsibilities; and
- any other areas provided for in the regulations.
Looking Forward
The Goodmans Health Care Law Group will continue to monitor legislative and regulatory developments and assist our clients to navigate the implications of the COVID-19 pandemic. For further information related to the amendments or other health care law issues, please contact the chair of our Aging & Healthcare division, Michelle Roth, or any member of our Health Care Law Group.
The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.