Homes for Special Care Act (amended)
BILL NO. 34
3rd Session, 62nd General Assembly
65 Elizabeth II, 2016
Private Member's Bill
Homes for Special Care Act
The Honourable Jamie Baillie
First Reading: October 19, 2016
This Bill establishes a Residents' Bill of Rights for residents in a residential care facility, a nursing home or a home for aged or disabled persons and provides for its display and enforcement.
Be it enacted by the Governor and Assembly as follows:
1 Subsection 2(1) of Chapter 203 of the Revised Statutes, 1989, the Homes for Special Care Act, as amended by Chapter 17 of the Acts of 2010, is further amended by adding immediately after clause (m) the following clause:
(ma) "Residents' Bill of Rights" means the list of rights enumerated under subsection 8F(1);
2 Chapter 203 is further amended by adding immediately after Section 8E the following Section:
8F (1) Every licensee shall ensure that the following rights of residents are fully respected and promoted:
(a) the right to be treated with courtesy and respect and in a way that fully recognizes the resident's individuality and respects the resident's dignity;
(b) the right to be protected from abuse;
(c) the right to be properly sheltered, clothed, groomed, and cared for in a manner consistent with the resident's needs;
(d) the right to high quality, nutritious meals that comply with the resident's dietary needs;
(e) the right to live in a safe and clean environment;
(f) the right to exercise the rights of a citizen;
(g) the right to be afforded privacy in treatment and in caring for the resident's personal needs;
(h) the right to keep and display personal possessions, pictures and other furnishings in the resident's room, subject to safety requirements and the rights of other residents;
(i) when dying or very ill, the right to have family and friends present 24 hours per day;
(j) the right to live in the same facility as his or her spouse as long as the placement does not negatively impact the health of either of the spouses;
(k) the right to participate in the life of the facility;
(l) the right to have the resident's lifestyle choices respected;
(m) the right to pursue social, cultural, religious, spiritual and other interests, to develop the resident's potential and to be given reasonable assistance to pursue those interests and to develop that potential.
(2) A licensee shall display the Residents' Bill of Rights in a prominent location in every facility for which the licensee holds a license.
(3) A resident may enforce the Residents' Bill of Rights against the licensee as though the resident and licensee had entered into a contract under which the licensee had fully agreed to fully respect and promote all of the rights set out in the Residents' Bill of Rights.
3 Section 19 of Chapter 203, as amended by Chapter 9 of the Acts of 2007 and Chapter 17 of the Acts of 2010, is further amended by adding immediately after clause (f) the following clause:
(fa) governing how rights set out in the Residents' Bill of Rights must be respected and promoted by licensees;
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