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Protection for Persons in Care Regulations

made under Section 18 of the

Protection for Persons in Care Act

S.N.S. 2004, c. 33

O.I.C. 2007-441 (August 17, 2007, effective October 1, 2007), N.S. Reg. 364/2007


Citation

1     These regulations may be cited as the Protection for Persons in Care Regulations.


Definitions

2     (1)     In these regulations,

 

                (a)    “Act” means the Protection for Persons in Care Act;

 

                (b)    “adult” means a person 16 years of age or older.

 

       (2)    In subsection 8(2) of the Act, “investigation” includes a referral of an allegation of abuse to the appropriate police service and receipt of information concerning the disposition of the allegation from the police service.

                         

3     (1)    Subject to subsection (2), in the Act and these regulations, “abuse” means, with respect to adult patients or residents, any of the following:

 

                (a)    the use of physical force resulting in pain, discomfort or injury, including slapping, hitting, beating, burning, rough handling, tying up or binding;

 

                (b)    mistreatment causing emotional harm, including threatening, intimidating, humiliating, harassing, coercing or restricting from appropriate social contact;

 

                (c)    the administration, withholding or prescribing of medication for inappropriate purposes;

 

                (d)    sexual contact, activity or behaviour between a service provider and a patient or resident;

 

                (e)    non-consensual sexual contact, activity or behaviour between patients or residents;

 

                (f)    the misappropriation or improper or illegal conversion of money or other valuable possessions;

 

                (g)    failure to provide adequate nutrition, care, medical attention or necessities of life without valid consent.

 

       (2)    “Abuse” does not occur in situations in which a service provider carried out their duties in accordance with professional standards and practices and health facility based policies and procedures.                                                                                 


Designation of health facilities

4     A group home or residential centre that has adult residents and is approved or licensed under the Children and Family Services Act is hereby designated as a health facility under the Act.






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