S.I. No. 44/1966 - Homes For Incapacitated Persons Regulations, 1966.

S.I. No. 44 of 1966.

HOMES FOR INCAPACITATED PERSONS REGULATIONS, 1966.

The Minister for Health, in exercise of the powers conferred on him by section 2 of the Health (Homes for Incapacitated Persons) Act, 1964 (No. 8 of 1964) hereby makes the following Regulations :—

1. These Regulations may be cited as the Homes for Incapacitated Persons Regulations, 1966.

2. In these Regulations—

"the Act" means the Health (Homes for Incapacitated Persons) Act, 1964 (No. 8 of 1964) ;

"home" has the meaning given to it in subsection (1) of section 1 of the Act.

3. These Regulations shall come into force on the 1st day of April, 1966.

4.—(1) In every home, there shall be provided for incapacitated persons maintained in the home—

(a) suitable and sufficient care having regard to the nature and extent of the incapacity of the persons,

(b) suitable and sufficient accommodation to such extent as is reasonable having regard to the nature and extent of the incapacity of the persons,

(c) suitable and sufficient food, properly prepared, cooked and served.

(2) In every home, there shall be provided—

(a) suitable and sufficient equipment and facilities, having regard to the nature and extent of the incapacity of the persons maintained in the home,

(b) suitable and sufficient lighting and heating, each part of the home being kept adequately lighted and heated for the purposes for which it is used,

(c) suitable and sufficient beds, bedding, floor covering, furniture and other necessary fittings and equipment,

(d) a sufficient supply of piped hot and cold water and suitable and sufficient sanitary and toilet facilities.

(e) suitable and sufficient kitchen equipment and tableware,

(f) sufficient and competent staff at all times, having regard to the number of incapacitated persons maintained therein and the nature and extent of their incapacity.

(3) A requirement of paragraph (a) of sub-article (1) of this article shall not apply—

(a) In relation to a home carried on by or on behalf of a religious body or organisation if compliance with that requirement by the home would be contrary to the religious beliefs or principles of the body or organisation,

(b) in relation to a person if submission by the person to the carrying out of that requirement in relation to him would be contrary to his religious beliefs or principles,

and nothing in the said paragraph shall be construed as imposing an obligation on any person to submit himself to health examination and treatment.

5. In every home, suitable and sufficient means of ventilation shall be provided and suitable and sufficient ventilation shall be maintained.

6. Every home shall be maintained in a proper state of repair and in a clean and hygienic condition.

7. In every home, adequate precautions shall be taken against the risk of fire in the home and accident to any of the incapacitated persons maintained in the home.

8. In every home, adequate arrangements shall be made for—

(a) the laundering at regular intervals and as occasion may require of linen, clothing and other articles belonging to or used by incapacitated persons maintained in the home,

(b) the safekeeping of the personal belongings which an incapacitated person has with him in the home,

(c) the safekeeping and handling of drugs.

9. The person carrying on a home and any person concerned in the management thereof shall—

(a) permit officers of the Health Authority in whose district the home is situated who are authorised in that behalf by the said Health Authority, to conduct interviews (including interviews in private) of persons (including staff) in the home where the said Health Authority have reasonable cause to believe that a person in the home is not receiving proper care,

(b) specify adequate and reasonable times during which persons maintained in the home may be visited,

(c) indicate in all written communications relating to an incapacitated person the name and address of the home, the name of the person in charge of the home, and that particulars of the home have been notified to the Health Authority of the district the name and address of which shall be shown,

(d) cause to be displayed at all times in a conspicuous place in the home a notice stating—

(i) the type of incapacitated persons accepted into the home,

(ii) the number of incapacitated persons for whom accommodation is provided,

(iii) the hours during which visiting is permitted,

(iv) the name of the person carrying on the home,

(v) that the Health Authority, in whose district the home is situated, have been notified of the home in pursuance of section 3 of the Act.

10. A Health Authority shall supply on demand to any person the name and address of each home notified to them under section 3 of the Act and the name and address of the person in charge thereof.

11. These Regulations shall be enforced and executed in each district by the Health Authority for the district and by such officers of the Health Authority as are authorised officers for the purposes of Part IX of the Health Act, 1947 (No. 28 of 1947).

GIVEN under the Official Seal of the Minister for Health this twenty-fifth day of February, 1966.

DONOGH O'MALLEY,

Minister for Health.

EXPLANATORY NOTE.

These Regulations contain provisions for the purpose of ensuring that adequate and suitable accommodation, food and care are provided for incapacitated persons while they are being maintained in certain homes conducted for private profit. They also enable Health Authorities to inspect the homes.