Chapter Four Legal Issues in Residential Care References: Difference between revisions
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Chapter Four Legal Issues in Residential Care References (view source)
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###(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months. Non-resistance | ###(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months. Non-resistance | ||
##(3) In proceedings under this section, the fact that the person in relation to whom the offence is alleged to have been committed did not resist is not a defence unless the accused proves that the failure to resist was not caused by threats, duress, force or exhibition of force. | ##(3) In proceedings under this section, the fact that the person in relation to whom the offence is alleged to have been committed did not resist is not a defence unless the accused proves that the failure to resist was not caused by threats, duress, force or exhibition of force. | ||
#RCR, s. 9 (1) and (2). | |||
#Ombuds, Best of Care, Finding 139 and Recommendation 171. | |||
#Ministry of Health Home and Community Care Policy Manual. Chapter: 6 Residential Care Services Number: 6.J- Movement of Clients – Facility Closures Or Renovations [Effective: October 15, 2012] | |||
#See letter from Fraser Health to BC Care Providers Association. Online: www.bccare.ca/wp-content/uploads/ResponsefromNMurrayFHAApril2014.pdf (Last accessed May 1, 2014). | |||
#BC’s best practice guideline for dementia define anti-psychotic medication this way: “Drugs developed to treat psychotic disorders such as schizophrenia, and bipolar disorder/psychotic depression. In older adult psychiatry they have roles in the management of psychotic disorders, mood disorders, delirium, and some behavioural and psychological symptoms of dementia (e.g. psychosis/marked aggression).” | |||
See: Best practice guideline for accommodating and managing behavioural and psychological symptoms of dementia in residential care - a person-centered interdisciplinary approach. (Ministry of Health, October 2012). Online: http://www.health.gov.bc.ca/library/publications/year/2012/bpsd-guideline.pdf (Last accessed May 1, 2014). [“Best practice guideline for dementia “] Health Canada. (2005). Atypical antipsychotic drugs and dementia – advisories, warnings and recalls for health professionals. Online: http://healthycanadians.gc.ca/recall-alert-rappel-avis/hc-sc/2005/14307a-eng.php Canadian Institute for Health Information. (2009) Antipsychotic drug use in seniors. Analysis in Brief. | |||
#Ministry of Health, (December 2011). A review of the use of antipsychotic drugs in British Columbia’s residential care facilities, p.7. Online: http://www.health.gov.bc.ca/library/publications/year/2011/use-of-antipsychotic-drugs.pdf (Last accessed May 1, 2014). [ “BC anti-psychotic drug review”] | |||
#BC anti-psychotic drug review. See, RCR, Division 5, “Use of restraints”, s. 73-75. | |||
#BC anti-psychotic drug review, pg. 8 and 9. | |||
#BC Patient Safety and Quality Council. “Call for Less Antipsychotics in Residential care (“CLeAR”) “ Online : http://bcpsqc.ca/clinical-improvement/clear/ (Last accessed May 1, 2014) | |||
#Best practice guideline for dementia. | |||
#Trespass Act, [RSBC 1996] c. 462, s. 1 (a) and (b) apply to resident; and section s.1 applies to the operator. “occupier", in relation to premises, means | |||
##(a) if the premises are land…or are property described in paragraph (a) of the definition of "premises", a person entitled to maintain an action of trespass in respect of those premises,….and [occupier] includes a person who (d) has responsibility for and control over the condition of the premises or the activities there carried on, or (e) has control over persons allowed to enter the premises; | |||
"premises" means land, … and anything on the land including… (a) a building or other permanent structure, | |||
###NOTE: An action for trespass can be maintained by the owner or anyone else who has a lawful right to occupy the property. | |||
#RCR, s. 57 (1). | |||
#RCR, s. 57 (2). | |||
#Even if visiting was characterized as an issue affecting the resident’s health in some way, the TSDM is required to consult with the resident, and act on accordance with the person’s beliefs, values, wishes, and if not known , to act in best interests. | |||
#Ministry of Health Policy Communiqué. 2012. Response to visitors who pose a risk to health or safety in health care facilities. Online: http://www.refworks.com/refshare/?site=035331133499600000/RWWS2A1318229/000431165256092000&rn=229 (Last accessed May 1, 2014). [“Ministry of Health Policy Communiqué.”] | |||
#Ministry of Health Policy Communiqué. | |||
#BC Ombuds, Best of Care, Finding 113 and Recommendation 144. | |||
#RCR, s.60 (b). | |||
