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Protection for Persons in Care Regulations

made under Section 18 of the

Protection for Persons in Care Act

S.N.S. 2004, c. 33

O.I.C. 2007-441 (August 17, 2007, effective October 1, 2007), N.S. Reg. 364/2007

as amended to O.I.C. 2019-304 (effective October 29, 2019), N.S. Reg. 174/2019



Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

 

 

Citation

Definitions

Designation of health facilities


 

Citation

1        These regulations may be cited as the Protection for Persons in Care Regulations.


Definitions

2        (1)     In these regulations,

 

                   (a)      “Act” means the Protection for Persons in Care Act;

 

                   (b)     “adult” means a person 16 years of age or older.

 

          (2)    In subsection 8(2) of the Act, “investigation” includes a referral of an allegation of abuse to the appropriate police service and receipt of information concerning the disposition of the allegation from the police service.

                              

3        (1)    Subject to subsection (2), in the Act and these regulations, “abuse” means, with respect to adult patients or residents, any of the following:

 

                   (a)      the use of physical force resulting in pain, discomfort or injury, including slapping, hitting, beating, burning, rough handling, tying up or binding;

 

                   (b)     mistreatment causing emotional harm, including threatening, intimidating, humiliating, harassing, coercing or restricting from appropriate social contact;

 

                   (c)      the administration, withholding or prescribing of medication for inappropriate purposes;

 

                   (d)     sexual contact, activity or behaviour between a service provider and a patient or resident;

 

                   (e)      non-consensual sexual contact, activity or behaviour between patients or residents;

 

                   (f)      the misappropriation or improper or illegal conversion of money or other valuable possessions;

 

                   (g)     failure to provide adequate nutrition, care, medical attention or necessities of life without valid consent.

 

          (2)    “Abuse” does not occur in situations in which

 

                   (a)      a service provider carried out their duties in accordance with professional standards and practices and health-facility-based policies and procedures; or

 

                   (b)     a resident or patient who has a pattern of behaviour or a range of behaviours that include unwanted physical contact uses physical force against another patient or resident which does not result in serious physical harm, and the service provider has established a case plan to correct these behaviours.


Designation of health facilities

4        All of the following facilities are designated as health facilities under the Act:

 

                   (a)      a home that provides supervisory or personal care to 1 or more persons and is approved and funded either by the Department of Community Services as a small-option home or by the Department of Health and Wellness as a community-based option;

 

                   (b)     a community hospice as defined in the Community Hospices Regulations made under the Health Authorities Act.

 

 


 

Legislative History
Reference Tables

Protection for Persons in Care Regulations

N.S. Reg. 364/2007

Protection for Persons in Care Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Protection for Persons in Care Regulations under the Protection for Persons in Care Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

364/2007

Aug 17, 2007

date specified

Aug 31, 2007

47/2009

Feb 25, 2009

date specified

Mar 13, 2009

194/2010

Dec 20, 2010

date specified

Dec 31, 2010

174/2019

Oct 29, 2019

date specified

Nov 22, 2019

 

 

 

 

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

S. 3(2)...............................................

rs. 47/2009

S. 4....................................................

rep. 47/2009; ad. 194/2010; rs. 174/2019

 

 

 

 

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections

 

Note

Effective
date

1

The reference to the Department of Health in s. 4 should be read as a reference to the Department of Health and Wellness in accordance with Order in Council 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376.

Jan 11, 2011

 

 

 

 

 

 

Repealed and Superseded

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.