Section 1 definition of "medication" BEFORE amended by OIC 225/2009, effective October 1, 2009.
"medication" means a drug as defined in the Pharmacists, Pharmacy Operations and Drug Scheduling Act;
Section 1 definition of "parent or representative" BEFORE amended by BC Reg 114/2019, effective November 4, 2019.
"parent or representative" means a person who
(a) in the case of a child or youth, is the child or youth's parent within the meaning of the Child Care Licensing Regulation, B.C. Reg. 332/2007, or
(b) in the case of an adult, has authority
(i) under the Health Care (Consent) and Care Facility Admission Act or the Patients Property Act, or
(ii) under an agreement under the Representation Agreement Act
to make health or personal care decisions on behalf of the adult, but 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;
Section 1 definition of "health care provider" BEFORE repealed by BC Reg 189/2019, effective December 1, 2019.
"health care provider" has the same meaning as in the Health Care (Consent) and Care Facility (Admission) Act;
Section 1 definition of "health professional" was added by BC Reg 189/2019, effective December 1, 2019.
Section 1 definition of "authorized health professional" was added by BC Reg 7/2022, effective January 17, 2022.
Section 1 definition of "parent or representative" BEFORE amended by BC Reg 192/2022, effective September 27, 2022.
"parent or representative" means a person who
(a) in the case of a child or youth, is the child or youth's parent within the meaning of the Child Care Licensing Regulation, B.C. Reg. 332/2007, or
(b) in the case of an adult, has authority
(i) under the Health Care (Consent) and Care Facility Admission Act or the Patients Property Act, or
(ii) under an agreement under the Representation Agreement Act
to make health or personal care decisions, or decisions respecting admission to or continued accommodation in a care facility, on behalf of the adult, but nothing in this regulation confers on the person any greater authority to make those decisions than the person has under those Acts or an agreement under the Representation Agreement Act;
Section 2 (1) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.
(1) A prescribed residential program for the purpose of paragraph (b) of the definition of "care" in section 1 of the Act is Child and Youth Residential, being a program that provides residential care, including the types of care set out in subsection (2), to children and youths.
Section 2 (2) (b) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.
(b) Mental Health and Substance Use, being residential care for persons who are in care primarily due to a mental disorder, substance dependence or both;
Section 2 (2) (b.1) was added by BC Reg 178/2016, effective July 19, 2016.
Section 7 (1) (part) BEFORE amended by BC Reg 118/2020, effective June 1, 2020.
(1) A person who is 19 years old or older may apply for a licence by submitting to a medical health officer both
Section 9 (1) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.
(1) A licensee must not suspend, temporarily or permanently, operation of a community care facility unless the licensee has given written notice to a medical health officer at least one year before the suspension begins.
Section 9 (2) (a) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.
(a) given written notice to a medical health officer at least 120 days before the reduction, expansion or change begins, and
Section 9 (3) (a) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.
(a) either given written notice to a medical health officer at least 120 days before the sale, lease or transfer, or been informed by a medical health officer that notice
Section 18 BEFORE renumbered as 18 (1) by BC Reg 118/2020, effective June 1, 2020.
Telephones
18 A licensee must provide at least one conveniently located telephone, for use only by persons in care, that
(b) has adaptations, as necessary, to meet the needs of persons in care, and
Section 18 (2) was added by BC Reg 118/2020, effective June 1, 2020.
Section 23 BEFORE re-enacted by 178/2016, effective September 1, 2016.
Smoking
23 A licensee must ensure that
(a) no one other than a person in care smokes while on the premises of a community care facility,
(b) employees do not smoke while supervising persons in care, and
(c) if necessary for the safety of the person in care, a person in care who is smoking is supervised.
Section 23 BEFORE re-enacted by BC Reg 118/2020, effective June 1, 2020.
Smoking and use of vapour products
23 (1) A licensee must ensure that
(a) no one other than a person in care smokes or uses tobacco, holds lighted tobacco, uses an e-cigarette or holds an activated e-cigarette while on the premises of a community care facility,
(b) employees do not smoke or use tobacco, use an e-cigarette or hold an activated e-cigarette while supervising persons in care, and
(c) if necessary for the safety of the person in care, a person in care who is smoking or using tobacco, using an e-cigarette or holding an activated e-cigarette is supervised.
"activated e-cigarette" has the same meaning as in the Tobacco and Vapour Products Control Act;
"e-cigarette" has the same meaning as in the Tobacco and Vapour Products Control Act;
"tobacco" has the same meaning as in the Tobacco and Vapour Products Control Act.
[en. B.C. Reg. 178/2016, Sch. 5.]
Section 37 (1) (part) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.
(1) A licensee must not employ a person in a community care facility unless the licensee or, in the case of a person who is not the manager, the manager has obtained all of the following:
Section 37 (3) was added by BC Reg 178/2016, effective July 19, 2016.
Section 42 (1) (b) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.
(b) assist persons in care with activities of daily living, including eating, mobility, dressing, grooming, bathing and personal hygiene, in a manner consistent with the health, safety and dignity of persons in care.
Section 44 (2) (b) BEFORE amended by BC Reg 192/2022, effective September 27, 2022.
(b) a person who is eligible to be a member of the Canadian Society of Nutrition Management, or
Section 52 (1) BEFORE amended by BC Reg 118/2020, effective June 1, 2020.
(1) A licensee must ensure that a person in care is not, while under the care or supervision of the licensee, subjected to
(a) financial abuse, emotional abuse, physical abuse, sexual abuse or neglect as those terms are defined in section 1 of Schedule D, or
Section 53 BEFORE renumbered as 53 (1) by BC Reg 118/2020, effective June 1, 2020.
Privacy
53 A licensee must, to the greatest extent possible while maintaining the health, safety and dignity of all persons in care, ensure respect for the personal privacy of each person in care, including the privacy of each person in care's bedroom, belongings and storage area.
Section 53 (2) and (3) were added by BC Reg 118/2020, effective June 1, 2020.
Section 54 (4) BEFORE amended by BC Reg 208/2022, effective October 24, 2022.
(4) For the purposes of subsection (3), "dental health care professional" means a person who is a member of
(a) the College of Dental Surgeons of British Columbia,
(b) the College of Dental Hygienists of British Columbia, or
Section 56 (1) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(1) A licensee must ensure that a person in care who leaves a community care facility for a temporary purpose has in his or her possession written documentation indicating the person in care's name, the community care facility's name and emergency contact information.
Section 56 (3) (b) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
Section 57 (1) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(1) A licensee must ensure that a parent or representative has reasonable access to a person in care for whom he or she is responsible.
Section 59 BEFORE re-enacted by BC Reg 192/2022, effective September 27, 2022.
Family and resident council
59 A licensee must provide an opportunity, at least annually, for persons in care and their parents or representatives, family members and contact persons to
(a) establish one or more councils or similar organizations to represent the interests of the persons in care, or their parents or representatives, family members and contact persons, or both, and
(b) meet with the licensee, either as a council, or, if no council is established, as a group, for the purpose of
(i) promoting the collective and individual interests of the persons in care, and
(ii) involving the persons in care in decision making on matters that affect their day to day living.
Section 63 (3) (c) (iv) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.
(iv) reassessed by the person in care's medical practitioner or nurse practitioner at least once every 30 days.
Section 64 (1) (a) BEFORE amended by BC Reg 118/2020, effective June 1, 2020.
(a) a morning meal is available between 7:00 a.m. and 9:00 a.m.,
Section 68 (3) (b) (i) BEFORE amended by OIC 225/2009, effective October 1, 2009.
(i) the safe and effective storage, handling and administration of the person in care's medications, in compliance with the Pharmacists, Pharmacy Operations and Drug Scheduling Act, and
Section 68 (1) (c) BEFORE amended by BC Reg 189/2019, effective December 1, 2019.
(c) if one is employed by the licensee, the health care provider responsible for the immediate supervision of health care services provided in the community care facility.
Section 70 (1) BEFORE amended by BC Reg 7/2022, effective January 17, 2022.
(1) A licensee must ensure that only medications that have been prescribed or ordered by a medical practitioner or nurse practitioner are administered to a person in care.
Section 70 (1.1) was added by BC Reg 7/2022, effective January 17, 2022.
Section 70 (4) (a) BEFORE amended by BC Reg 7/2022, effective January 17, 2022.
(a) approved by the medication safety and advisory committee and the medical practitioner or nurse practitioner who prescribed or ordered the medication, and
Section 70 (5) (b) BEFORE amended by BC Reg 7/2022, effective January 17, 2022.
(b) notifies both the medical practitioner or nurse practitioner who prescribed or ordered the medication and the dispensing pharmacy.
Section 71 (b) (part) BEFORE amended by BC Reg 7/2022, effective January 17, 2022.
(b) if changes in the directions for use of a medication are made by a medical practitioner or nurse practitioner,
Section 76 (2) BEFORE repealed by BC Reg 167/2018, effective July 27, 2018.
(2) A licensee must notify the medical health officer within 24 hours after it comes to the attention of the licensee that a person in care in the community care facility has a reportable communicable disease as listed in Schedule A of the Health Act Communicable Disease Regulation, B.C. Reg. 4/83.
Section 78 (1) (c) BEFORE amended by BC Reg 189/2019, effective December 1, 2019.
(c) name and telephone number of the person in care's parent or representative, contact person and primary health care provider;
Section 83 (3) BEFORE amended by BC Reg 10/2010, effective January 15, 2010.
(3) A licensee must review the nutrition plan of a person in care with a dietitian on a regular basis and if requested or required by
(a) a health care provider who provides care to the person in care,
(b) a medical health officer, or
(c) a funding program.
Section 83 (3) (c) (i) BEFORE amended by BC Reg 189/2019, effective December 1, 2019.
(i) a health care provider who provides care to the person in care,
Section 83 (4) (b) BEFORE amended by BC Reg 189/2019, effective December 1, 2019.
(b) immediately seek the advice of a health care provider if the person in care has experienced, unintentionally, a significant change in weight, and
Section 83 (5) (b) BEFORE amended by BC Reg 189/2019, effective December 1, 2019.
(b) if it appears to the licensee that the person in care may have experienced a significant change in weight, immediately seek the advice of a health care provider.
Section 85 (1) (c) (ii) BEFORE amended by BC Reg 10/2010, effective January 15, 2010.
(ii) to a medical health officer on request, and
Section 85 (1) (c) (ii.1) was added by BC Reg 10/2010, effective January 15, 2010.
Section 91 BEFORE amended by BC Reg 110/2012, effective May 31, 2012.
Currency and availability of records
91 (1) A licensee must ensure that all records referred to in this regulation
(a) are current, and
(b) if the licensee operates more than one community care facility, are kept separately for each community care facility.
(2) In respect of a record referred to in this regulation, a licensee must
(a) keep in a single place at the community care facility the records referred to in sections 78 to 81, 85, 88 and 89,
(b) keep a record other than one referred to in paragraph (a) in a place from which it can be retrieved within a reasonable time, on request, and
(c) produce records, on demand, to the medical health officer.
(3) A licensee must ensure that a record relating to a person in care is accessible only to employees who require access to perform their duties in relation to the person in care.
Section 94 (1) BEFORE amended by BC Reg 10/2010, effective January 15, 2010.
(1) In this Division, "transitioned facility" means a facility that was licensed on or before August 1, 2000.
Schedule C, section 1 BEFORE re-enacted by BC Reg 118/2020, effective June 1, 2020.
1 For the purposes of section 43 (1) [employee trained in first aid] of the regulation, the employee must hold a valid first aid and CPR certificate from a course that meets the following requirements:
(a) the course must offer at least 8 hours of instruction;
(b) the instructor of the course must be a certified first aid specialist;
(i) is issued only after the employee has successfully completed an examination that includes demonstration and evaluation of the skills relevant to the components described in section 2 of this Schedule,
(ii) is signed by the instructor,
(iii) expires no more than 3 years from the date of issue, and
(iv) is not renewable unless the holder, before the expiry date, participates in at least 8 hours of further instruction followed by an examination that includes demonstration and evaluation of the skills relevant to the components described in section 2.
Schedule C, section 2 (part) BEFORE amended by BC Reg 118/2020, effective June 1, 2020.
2 A first aid course is not sufficient for the purposes of section 43 of the regulation unless the course provides instruction in, and requires successful completion of, an examination that includes demonstration and evaluation of skills relevant to the following matters in respect of the sorts of persons in care the employee ordinarily encounters in the community care facility:
Schedule C, section 2 (part) BEFORE amended by BC Reg 118/2020, effective June 1, 2020.
(m) cardiovascular emergencies;
Schedule C, section 2 (s) and (t) were added by BC Reg 118/2020, effective June 1, 2020.
Schedule D, section 1 definitions of "aggressive or unusual behaviour" and "choking" BEFORE amended by BC Reg 205/2013, effective December 1, 2013.
"aggressive or unusual behaviour" means aggressive or unusual behaviour by a person in care towards other persons, including another person in care, which has not been appropriately assessed in the care plan of the person in care;
"choking" means a choking incident involving a person in care that requires emergency care by a medical practitioner or nurse practitioner, or transfer to a hospital;
Schedule D, section 1 definition of "aggression between persons in care" was added by BC Reg 205/2013, effective December 1, 2013.
Schedule D, section 1 definition of "emergency restraint" BEFORE amended by BC Reg 178/2016, effective July 19, 2016.
"emergency restraint" means any use of a restraint that is not agreed to under section 74 [when restraints may be used];
Schedule D, section 1 definitions of "attempted suicide" and "service delivery problem" BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
"attempted suicide" means an attempt by a person in care to take his or her own life;
"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;
Schedule D, section 1 definition of "financial abuse", paragraph (b) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(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;