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Difference between revisions of "Legal Frameworks of Residential Care"
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Legal Frameworks of Residential Care (view source)
Revision as of 21:30, 3 July 2014
, 21:30, 3 July 2014→The Statutory Framework for Care Staff
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Almost all direct care is delivered by the residential care aides, who may be supervised by a licensed practical nurse. | Almost all direct care is delivered by the residential care aides, who may be supervised by a licensed practical nurse. | ||
RCAs employed in any residential care facility that directly or indirectly receives public funds are required to register with the BC Care Aide & Community Health Worker Registry.[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|47]]) The RCAs working at facilities in the private and not-for-profit sectors are encouraged to register as well, especially for those planning to work in the public sector in the future. The Ministry of Health is looking to expand the Registry to cover private care facilities in the future.[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|48]]) Employers register to access the registry information on care aides. | RCAs employed in any residential care facility that directly or indirectly receives public funds are required to register with the BC Care Aide & Community Health Worker Registry.([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|47]]) The RCAs working at facilities in the private and not-for-profit sectors are encouraged to register as well, especially for those planning to work in the public sector in the future. The Ministry of Health is looking to expand the Registry to cover private care facilities in the future.[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|48]]) Employers register to access the registry information on care aides. | ||
The Registry system is described in more detail in Chapter Four “Legal Issues When Living in Care Facilities” and Chapter Five “Rights, Remedies and Problem Resolution”. Registered care aides can be “de-registered” and lose their right to work in any public health care setting in British Columbia if they are found to have abused or neglected residents.[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|49]]) The definitions of abuse relied on are those in the Adult Guardianship Act, Part 3. Currently there is no provision for addressing issues that relate to the overall competency of the worker (for example, poor quality care or”fitness to practice”). At present, the registry system itself does not come under any specific law. However, investigations of abuse are subject to principles of natural justice. | The Registry system is described in more detail in Chapter Four “Legal Issues When Living in Care Facilities” and Chapter Five “Rights, Remedies and Problem Resolution”. Registered care aides can be “de-registered” and lose their right to work in any public health care setting in British Columbia if they are found to have abused or neglected residents.([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|49]]) The definitions of abuse relied on are those in the Adult Guardianship Act, Part 3. Currently there is no provision for addressing issues that relate to the overall competency of the worker (for example, poor quality care or”fitness to practice”). At present, the registry system itself does not come under any specific law. However, investigations of abuse are subject to principles of natural justice. | ||
Licensed Practical Nurses and Registered Nurses both come under the Health Professions Act[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|50]]). Their respective regulatory bodies or associations provide oversight and discipline where required. Registered nurses for example, must be registered with the College of Registered Nurses of British Columbia.[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|51]]) | Licensed Practical Nurses and Registered Nurses both come under the Health Professions Act([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|50]]). Their respective regulatory bodies or associations provide oversight and discipline where required. Registered nurses for example, must be registered with the College of Registered Nurses of British Columbia.([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|51]]) | ||
Existing and prospective staff, as well as volunteers and students working residential care facilities are required to undergo initial and follow up criminal records checks as required by the Criminal Records Review Act.[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|52]]) | Existing and prospective staff, as well as volunteers and students working residential care facilities are required to undergo initial and follow up criminal records checks as required by the Criminal Records Review Act.([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|52]]) | ||
==The General Statutory Framework in Residential Care== | ==The General Statutory Framework in Residential Care== | ||
