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Difference between revisions of "Chapter Six Legal Issues in Residential Care References"
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Chapter Six Legal Issues in Residential Care References (view source)
Revision as of 20:46, 4 July 2014
, 20:46, 4 July 2014→References
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#HCCCFAA, s. 4 | #HCCCFAA, s. 4 | ||
#Nidus. Your rights and the law. Online: http://nidus.ca/PDFs/Nidus_Info_HCC_Your_Rights_and_the_Law.pdf (Last accessed: May 1, 2014). [“Nidus, Rights”] | #Nidus. Your rights and the law. Online: http://nidus.ca/PDFs/Nidus_Info_HCC_Your_Rights_and_the_Law.pdf (Last accessed: May 1, 2014). [“Nidus, Rights”] | ||
#Nidus, Rights. | #Nidus, Rights. | ||
#Bentley v. Maplewood Seniors Care Society, 2014 BCSC 165. | |||
#Ministry of Health. (2011). A review of the use of antipsychotic drugs in British Columbia’s residential care facilities. Page 8. Online: http://www.health.gov.bc.ca/library/publications/year/2011/use-of-antipsychotic-drugs.pdf (Last accessed: May 1, 2014). [“Antipsychotic drug review”] | |||
#Antipsychotic drug review, pg. 8. | |||
#Residential Care Regulation, B.C. Reg. 96/2009, s. 1 defines "restraint" as “any chemical, electronic, mechanical, physical or other means of controlling or restricting a person in care's freedom of movement in a community care facility, including accommodating the person in care in a secure unit”. [“RCR”] | |||
#RCR, Division 5, “Use of Restraints” s. 73- s.75, and s. 84. | |||
#Adult Guardianship Act , s. 1 “"abuse" means the deliberate mistreatment of an adult that causes the adult | |||
(a) physical, mental or emotional harm, or (b) damage or loss in respect of the adult's financial affairs, | |||
and includes … overmedication, withholding needed medication, … | |||
#BC Ombudsperson. The Best of Care: Getting It Right for Seniors in British Columbia (Part 1), p. 284. [“Ombuds, Best of Care, Part 1”] | |||
#Ministry of Health. (2012) Best practice guideline for accommodating and managing behavioural and psychological symptoms of dementia in residential care- a person-centered interdisciplinary approach. Online: http://www.health.gov.bc.ca/library/publications/year/2012/bpsd-guideline.pdf (Last accessed: May 1, 2014). [“Dementia Guideline”] | |||
#Dementia Guideline, p.12-13 | |||
#Dementia Guideline, p.13. | |||
#Mental Health Act, [RSBC 1996] c. 288. | |||
#Antipsychotic drug review, page 21. | |||
#The Residents Bill of Rights notes under “Commitment to care” that “An adult person in care has the right to a care plan developed: (a) specifically for him or her, and (b) on the basis of his or her unique abilities, physical, social and emotional needs, and cultural and spiritual preferences.” | |||
#S. 81(3) of the RCR note that the care plan needs to address ten areas : medication, “behavioural intervention”; use of restraints; oral health care; nutrition (including therapeutic diets); recreation and leisure; fall prevention; “elopement risk”; any condition or requirement associated with the resident’s admission to the community care facility under the Mental Health Act. | |||
#HCCCFA defines "representative" in this manner means a person authorized by a representation agreement to make or help in making decisions on behalf of another and includes an alternate representative. This would seem to limit the support for anyone who does not have a representative under the Representation Agreement Act. However as noted, | |||
#Nothing in this regulation confers on the person any greater authority to make health or personal care decisions than the person has under those Acts or an agreement under the Representation Agreement Act. | |||
#The Residents Bill of Rights notes under “Commitment to care” that “An adult person in care has the right to a care plan developed: (a) specifically for him or her, and (b) on the basis of his or her unique abilities, physical, social and emotional needs, and cultural and spiritual preferences.” | |||
#Antipsychotic drug review, pg. 18. | |||
#Some of these examples are from the Antipsychotic drug review. | |||
#Ombuds, Best of Care, Part 1. | |||
#ACE: Decisionmaking, | |||
#ACE : Decision Making. | |||
#Ministry of Health. (July 18, 2012) Advance care planning - frequently asked questions. Online: http://www2.gov.bc.ca/assets/gov/topic/2038E757D68E49D5DC8C3CD0061E8E1B/pdf/faqadvancecareplanning.pdf (Last accessed: May 1, 2014). | |||
#AGA, s. 3 (1) | |||
#Health Care (Consent) and Care Facility (Admission) Act, s. 19.91. | |||
