Chapter Four Resources and Appendix in Legal Issues in Residential Care

Chapter Resources

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: www.health.gov.bc.ca/library/publications/year/2012/bpsd-guideline.pdf [Last accessed January 9, 2016]

Canadian Institutes for Health Information. (March 2008). Caring for nursing home residents with behavioural symptoms: information to support a quality response. Online: secure.cihi.ca/free_products/ccrs_aib_aggressive_behaviour_e.pdf [Last accessed January 9, 2016]

Appendix

Health Care Consent: A Quick Overview

A consent complies with the Act if the consent:

• relates to the health care that is proposed;
• is given voluntarily;
• is not obtained by fraud or misrepresentation;
• the adult is capable of giving or refusing consent;
• the health care Operator gives the adult the information a reasonable person would require to understand the proposed health care and make a decision about it, including information about:
• the condition for which the health care is proposed;
• the nature of the proposed health care;
• the risks and benefits of the health care that a reasonable person would expect to be told about, and any alternative courses of health care, including the option of having no health care at all; and
• the adult has the opportunity to ask questions and receive answers about the proposed health care.

Schedule D

[am. B.C. Reg. 205/2013, Sch. 2, ss. 1 and 2.]

(Section 77 [reportable incidents])

Reportable incidents

1 For the purpose of this regulation, any of the following is a reportable incident:

"aggression between persons in care"

means aggressive behaviour by a person in care towards another person in care that causes an injury that requires:

(a) first aid,

(b) emergency care by a medical practitioner or nurse practitioner, or

(c) transfer to a hospital;

"aggressive or unusual behaviour"

means aggressive or unusual behaviour by a person in care towards another person, including another person in care, that

(a) has not been appropriately assessed in the care plan of the person in care, and

(b) is not aggression between persons in care within the meaning of this Schedule;

"attempted suicide"

means an attempt by a person in care to take his or her own life;

"choking"

means a choking incident involving a person in care that requires

(a) first aid,

(b) emergency care by a medical practitioner or nurse practitioner, or

(c) transfer to a hospital;

"death"

means any death of a person in care;

"disease outbreak or occurrence"

means an outbreak or the occurrence of a disease above the incident level that is normally expected;

"emergency restraint"

means any use of a restraint that is not agreed to under section 74 [when restraints may be used];

"emotional abuse"

means any act, or lack of action, which may diminish the sense of dignity of a person in care, perpetrated by a person not in care, such as verbal harassment, yelling or confinement;

"fall"

means a fall of such seriousness, experienced by a person in care, as to require emergency care by a medical practitioner or nurse practitioner, or transfer to a hospital;

"financial abuse"

means

(a) the misuse of the funds and assets of a person in care by a person not in care, or

(b) the obtaining of the property and funds of a person in care by a person not in care without the knowledge and full consent of the person in care or his or her parent or representative;

"food poisoning"

means a food borne illness involving a person in care that requires emergency care by a medical practitioner or nurse practitioner, or transfer to a hospital;

"medication error"

means an error in the administration of a medication which adversely affects a person in care or requires emergency intervention or transfer to a hospital;

"missing or wandering person"

means a person in care who is missing;

"motor vehicle injury"

means an injury to a person in care that occurs during transit by motor vehicle while the person in care is under the care and supervision of the licensee;

"neglect"

means the failure of a care Operator to meet the needs of a person in care, including food, shelter, care or supervision;

"other injury"

means an injury to a person in care requiring emergency care by a medical practitioner or nurse practitioner or transfer to a hospital;

"physical abuse"

means any physical force that is excessive for, or is inappropriate to, a situation involving a person in care and perpetrated by a person not in care;

"poisoning"

means the ingestion of a poison or toxic substance by a person in care;

"service delivery problem"

means any condition or event which could reasonably be expected to impair the ability of the licensee or his or her employees to provide care, or which affects the health, safety or dignity of persons in care;

"sexual abuse"

means any sexual behaviour directed towards a person in care and includes

(a) any sexual exploitation, whether consensual or not, by an employee of the licensee, or any other person in a position of trust, power or authority, and

(b) sexual activity between children or youths,

but does not include consenting sexual behaviour between adult persons in care;

"unexpected illness"

means any unexpected illness of such seriousness that it requires a person in care to receive emergency care by a medical practitioner or nurse practitioner or transfer to a hospital.

[Provisions relevant to the enactment of this regulation: Community Care and Assisted Living Act, S.B.C. 2002, c. 75, section 34]

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by BC Centre for Elder Advocacy and Support, June 2014.

(1) Agreement, or (2) the giving of permission for a thing to happen or not happen.

Acts or words tending or intended to give a misleading or false impression as to the true state of affairs. See "bad faith."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

In law, a phrase used to indicate secondary relief or a secondary ground of relief in a claim or application, usually presented as an option to the primary relief or primary ground of relief sought. For example, "I'd like to have all of the house but, in the alternative, I'll take half." See “motion," “pleadings," and “relief."

In property law, the act of an owner of a thing giving ownership of that thing to another person, usually in exchange for money or other property in the case of a sale, or in exchange for other rights in the case of a family law agreement. See "family law agreements," "ownership" and "sale."

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

Something which can be owned. See "chattels" and "real property."

In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "assisted reproduction," "natural parent" and "stepparent."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

Sending legal documents to a party at that party's "address for service," usually by mail, fax, or email, called "ordinary service" in proceedings before the Supreme Court. Certain documents, like a Notice of Family Claim, must be served on the other party by personal service. Most other documents may be served by ordinary service. See also "address for service" and "personal service."

In law, a form of possession of property in which a "trustee" keeps and manages property for the benefit of another person, the "beneficiary," without owning that property and usually without acquiring an interest in that property other than as payment for their services. The trustee holds the property in trust for the beneficiary. See "constructive trust," "ownership," "possession" and "resulting trust."

A government action or declaration intended to have a legal effect, usually in the form of legislation or regulation. See "act" and "regulations."