GENERAL, O. Reg. 79/10

• Jurisdiction: Ontario

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ontario regulation 79/10

made under the

Long-term care homes act, 2007

Made: March 10, 2010
Filed: March 29, 2010
Published on e-Laws: March 31, 2010
Printed in The Ontario Gazette: April 17, 2010

General

PART I
INTERPRETATION

Definitions

Definitions

1. In this Regulation,

“1999 design manual” means the document titled “Long-Term Care Facility Design Manual”, published by the Ministry of Health and Long-Term Care and dated May, 1999, and which is available from the Ministry of Health and Long-Term Care; (“manuel de conception de 1999”)

“2009 design manual” means the document titled “Long-Term Care Home Design Manual, 2009”, published by the Ministry of Health and Long-Term Care, and which is available from the Ministry of Health and Long-Term Care; (“manuel de conception de 2009”)

“adverse drug reaction” means a harmful and unintended response by a resident to a drug or combination of drugs which occurs at doses normally used or tested for the diagnosis, treatment or prevention of a disease or the modification of an organic function; (“réaction indésirable à un médicament”)

“appropriate placement co-ordinator” means the appropriate placement co-ordinator as defined in subsection 44 (2) of the Act; (“coordonnateur des placements compétent”)

“business day” means a day that is not a holiday; (“jour ouvrable”)

“casual absence” means an absence of a resident from a long-term care home for a period not exceeding 48 hours for a purpose other than receiving medical or psychiatric care or undergoing medical or psychiatric assessment; (“absence occasionnelle”)

“continuum of care applicant”, in relation to a continuum of care long-term care home, means a person who resides in a project set out opposite the long-term care home in Column 2 of the Continuum of Care Table and has resided there as of a date earlier than July 1, 1994; (“auteur d’une demande de continuum de soins”)

“continuum of care long-term care home” means a long-term care home set out in Column 1 of the Continuum of Care Table; (“foyer de soins de longue durée offrant un continuum de soins”)

“Continuum of Care Table” means the table available from the Ministry that is titled “Continuum of Care Table” and that is dated March 2010; (“tableau de continuum de soins”)

“controlled substance” means a controlled substance within the meaning of the Controlled Drugs and Substances Act (Canada); (“substance désignée”)

“food service worker” means a member of staff in a long-term care home who is routinely involved in the storage, preparation, cooking, delivery or serving of food, the cleaning of kitchen equipment and utensils or the maintaining of the kitchen and serveries in a clean and sanitary condition, but does not include a nutrition manager for the home; (“préposé au service d’alimentation”)

“holiday” means,

(a) Saturday,

(b) Sunday,

(c) New Year’s Day,

(d) Family Day,

(e) Good Friday,

(f) Victoria Day,

(g) Canada Day,

(h) the first Monday in August,

(i) Labour Day,

(j) Thanksgiving Day,

(k) Christmas Day,

(l) Boxing Day,

(m) if New Year’s Day or Canada Day falls on a Saturday or Sunday, the following Monday,

(n) if Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday,

(o) if Christmas Day falls on a Friday, the following Monday, and

(p) any special holiday proclaimed by the Governor General or the Lieutenant Governor; (“jour férié”)

“interim bed” means a bed in a long-term care home under the interim bed short-stay program; (“lit provisoire”)

“licensed bed capacity” means the total licensed or approved beds in the home, excluding,

(a) beds that are not available for occupancy under a written permission of the Director under subsection 104 (3) of the Act,

(b) beds that are the subject of a temporary emergency licence under clause 112 (1) (b) of the Act, and

(c) beds that are the subject of a short term authorization under section 113 of the Act; (“capacité en lits autorisés”)

“long-stay program” means a program which is not a short-stay program; (“programme de séjour de longue durée”)

“long-stay resident” means a resident who has been admitted to a long-stay program; (“résident en séjour de longue durée”)

“medical absence” means an absence of a resident from a long-term care home for the purpose of receiving medical care other than psychiatric care or for the purpose of undergoing medical assessment other than psychiatric assessment; (“absence médicale”)

“medication incident” means a preventable event associated with the prescribing, ordering, dispensing, storing, labelling, administering or distributing of a drug, or the transcribing of a prescription, and includes,

(a) an act of omission or commission, whether or not it results in harm, injury or death to a resident, or

(b) a near miss event where an incident does not reach a resident but had it done so, harm, injury or death could have resulted; (“incident lié à un médicament”)

“pharmacist” means a member of the Ontario College of Pharmacists who holds a certificate of registration as a pharmacist; (“pharmacien”)

“pharmacy service provider” means the pharmacy service provider referred to in section 119; (“fournisseur de services pharmaceutiques”)

“prescribed”, when used with reference to a drug, means that a prescriber has directed the dispensing of the drug to the resident; (“prescrit”)

“prescriber” means a person who is authorized under a health profession Act as defined in the Regulated Health Professions Act, 1991 to prescribe a drug within the meaning of that Act; (“personne autorisée à prescrire des médicaments”)

“prescription” means a direction from a prescriber directing the dispensing of any drug or drugs for a resident; (“ordonnance”)

“private accommodation”, in relation to a long-term care home, means lodging in a private room in the home, housekeeping services, maintenance and use of the home, dietary services, laundry and linen services, administrative services and raw food; (“hébergement individuel”)

“private room” means,

(a) in the case of a long-term care home to which the 1999 design manual, the 2009 design manual or the retrofit manual applies, a room with one bed that has a private ensuite washroom, other than a room that is designated by a licensee as a standard room, or

(b) in the case of all other long-term care homes, a room with one bed, other than a room that is designated by a licensee as a standard room; (“chambre individuelle”)

“psychiatric absence” means an absence of a resident from a long-term care home for the purpose of receiving psychiatric care or undergoing psychiatric assessment; (“absence psychiatrique”)

“record” means a record as defined in subsection 147 (8) of the Act; (“dossier”)

“registered dietitian” means a member of the College of Dietitians of Ontario who holds a general certificate of registration under the Dietetics Act, 1991; (“diététiste agréé”)

“registered nursing staff” means those members of staff who are,

(a) registered nurses, or

(b) registered practical nurses; (“personnel infirmier autorisé”)

“regulated health profession” means a health profession set out in Schedule 1 to the Regulated Health Professions Act, 1991; (“profession de la santé réglementée”)

“related temporary long-term care home” means, where all or some of the beds in a long-term care home are to be temporarily or permanently closed, another long-term care home, if any, that is operated by the same licensee and is to provide beds to residents of the original long-term care home on a temporary basis until beds in the re-opened long-term care home or replacement long-term care home are available for those residents; (“foyer de soins de longue durée temporaire lié”)

“re-opened long-term care home” means, where all or some of the beds in a long-term care home are to be temporarily closed, the same long-term care home once those beds are re-opened; (“foyer de soins de longue durée réouvert”)

“replacement long-term care home” means, where all or some of the beds in a long-term care home are to be permanently closed, the new long-term care home, if any, to be operated by the same licensee and to serve as a replacement for the beds being closed in the original long-term care home; (“foyer de soins de longue durée de remplacement”)

“responsive behaviours” means behaviours that 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; (“comportements réactifs”)

“retrofit manual” means the document titled “Long-Term Care ‘D’ Facility Retrofit Design Manual”, published by the Ministry of Health and Long-Term Care and dated January, 2002, and which is available from the Ministry of Health and Long-Term Care; (“manuel de réfection”)

“semi-private accommodation”, in relation to a long-term care home, means lodging in a semi-private room in the home, housekeeping services, maintenance and use of the home, dietary services, laundry and linen services, administrative services and raw food; (“hébergement à deux lits”)

“semi-private room” means,

(a) in the case of a long-term care home to which the 1999 design manual, the 2009 design manual or the retrofit manual applies, a room with one bed connected to another room with one bed by an ensuite washroom, other than a room that is designated by a licensee as a standard room, or

(b) in the case of all other long-term care homes, a room with two beds, other than a room that is designated by a licensee as a standard room; (“chambre à deux lits”)

“short-stay program” means a program in which a person is admitted to a long-term care home for a definite number of days; (“programme de séjour de courte durée”)

“short-stay resident” means a resident who has been admitted to a short-stay program...