Health (Nursing Homes) Act, 1990

• Permanent Page URL

Regulations in relation to standards in nursing homes.

6.—(1) The Minister shall, for the purpose of ensuring proper standards in relation to nursing homes, including adequate and suitable accommodation, food and care for dependent persons while being maintained in nursing homes, and the proper conduct of nursing homes, make such regulations as he thinks appropriate in relation to nursing homes.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) prescribe requirements as to the maintenance, care, welfare and well-being of dependent persons while being maintained in nursing homes,

(b) prescribe requirements as to the numbers, qualifications and availability of members of the staffs (including the medical staffs) of nursing homes,

(c) prescribe requirements as to the design, maintenance, repair, cleaning and cleanliness, ventilation, heating and lighting of nursing homes,

(d) prescribe requirements as to the accommodation (including the amount of space in bedrooms and wards, the washing facilities and the sanitary conveniences) provided in nursing homes,

(e) prescribe requirements as to the food provided for dependent persons while being maintained in nursing homes,

(f) prescribe requirements as to the description of nursing homes in written communications by or on behalf of the registered proprietors or the persons in charge of the homes and the display in nursing homes of specified notices,

(g) prescribe requirements as to the records to be kept in nursing homes and for the examination and copying of any such records or of extracts therefrom by officers of health boards,

(h) provide for the effecting by the registered proprietors of nursing homes of contracts of insurance against injury to dependent persons being maintained in the homes while in the homes,

(i) provide for the holding and conduct of—

(i) interviews (including interviews in private) and examinations of dependent persons while being maintained in nursing homes, and

(ii) interviews (including interviews in private) of persons employed in nursing homes,

where the health board concerned has reasonable cause to believe that such dependent persons are not receiving proper maintenance or care or medical or other treatment,

(j) provide for the inspection of premises in which nursing homes are being carried on or are proposed to be carried on or that are reasonably believed by a health board to be premises in which a nursing home is being carried on and otherwise for the enforcement and execution of the regulations by the appropriate health boards and their officers,

(k) authorise the provision by the appropriate health boards of training for members of the staffs of nursing homes upon such terms and conditions and to such extent as the health boards may determine,

(l) require the provision by the registered owners of nursing homes or, at the option of such owners, by the health boards concerned of specified health services for dependent persons while being maintained in nursing homes,

(m) provide—

(i) for the consideration and investigation by the health board concerned of a complaint made to it in writing by or on behalf of a dependent person being maintained in a nursing home in relation to any matter concerning the home or the maintenance, care, welfare or well-being of the person while being so maintained or any specified related matter, and

(ii) in case a complaint under subparagraph (i) is upheld by a health board, for the issue by the board to the registered proprietor of the nursing home concerned, if the board considers it appropriate to do so, of a direction requiring the taking by such proprietor of specified action in relation to the matter complained of,

(n) authorise the provision by or on behalf of the appropriate health boards to nursing homes of such services (being services of a kind provided by or on behalf of health boards for the purposes of their functions), upon such terms and conditions and to such extent as the health boards may determine, and

(o) require the provision of specified information to interested persons by the registered owners or the persons in charge of nursing homes in relation to the homes and the accommodation, services and facilities provided for registered persons while being maintained therein.

(3) (a) Where, in relation to a nursing home, there is a contravention of a provision of the regulations the registered proprietor and the person in charge of the home shall be guilty of an offence.

(b) A person who fails or refuses to comply with a requirement of a direction under the regulations shall be guilty of an offence.

(4) (a) Where a person is convicted of an offence under this section, the Circuit Court may, on the application of the health board concerned, brought not more than six months after the conviction or, in the case of an appeal against the conviction, the final determination of it or of any further appeal (if it is a determination affirming the conviction) or the withdrawal of any such appeal therefrom, by order declare that the person shall be disqualified during such period as may be specified in the order for carrying on, being in charge, or concerned with the management, of the nursing home to which the conviction related or, at the discretion of that Court, any nursing home.

(b) A person in respect of whom an order is made under this subsection shall not during the period specified in the order carry on, be in charge, or concerned with the management, of the nursing home specified in the order or, if the order so specifies, of any nursing home.

(c) A person who contravenes paragraph (b) shall be guilty of an offence.

(d) Notice of an application under this subsection shall be given to the person convicted of the offence concerned and he shall be entitled to appear, be heard and adduce evidence on the hearing of the application.

(e) The jurisdiction conferred on the Circuit Court by this subsection shall be exercised by the judge of the Circuit Court for the time being assigned to the circuit in which the premises concerned are situated.

(5) A person who wilfully obstructs or interferes with a health board or an officer of a health board in the performance of functions under the regulations or who fails or refuses to comply with a requirement of a health board or an officer of a health board under such regulations shall be guilty of an offence.

(6) Regulations under section 2 of the Health (Homes for Incapacitated Persons) Act, 1964 , in force immediately before the commencement of this section shall continue in force after such commencement, and may be amended or revoked, as if made under this section.