Reporting and Recording: Physical Force by Caregivers and Service Providers

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The “Protection for Persons in Care (Adult Abuse Registry) Regulation, Amendment, M.R. 158/2023,” registered on December 22, 2023, introduces significant modifications to the Protection for Persons in Care Act, C.C.S.M. c. P144, specifically addressing the criteria and circumstances under which the use of physical force by caregivers or service providers is considered reportable as abuse. The regulation redefines when the use of physical force is deemed reportable under subsection 8.2(1) of the Act, outlining specific criteria and extenuating circumstances to ensure clarity in cases involving interactions between patients and service providers.

Interactions will not be classified as reportable if the person acted reasonably in various urgent situations, such as preventing harm to themselves or others. This includes actions taken to stop aggressive or self-injurious behavior, efforts made during emergencies to safeguard a patient’s life, and adherence to professional standards for regulated health professionals. If the individual involved is a service provider, the non-reportability is contingent upon their actions being within the scope of their professional duties and aligned with their training.

Furthermore, the regulation stipulates that interactions involving physical force become reportable if the force is used to manage a patient’s behavior that does not pose an immediate threat to safety. Instances leading to a patient experiencing pain or discomfort may be non-reportable if they are accidental and not indicative of a pattern of neglect or abuse. A critical provision allows for non-reportability when a service provider’s actions result from inadequate training or supervision by their employer, emphasizing the importance of adequate workplace support in the caregiving environment. The Minister must find that these failures were substantial factors in the provider’s actions.

The regulation also mandates the Minister to report instances of abuse or neglect to the adult abuse registry committee if there is evidence that the individual involved is employable or capable of volunteering. This underscores the need for accountability in care settings while recognizing the broader implications of support structures on caregiver behavior. Additionally, the amendment clarifies that members of regulated health professions are defined under The Regulated Health Professions Act or relevant sections outlined in its schedules, ensuring consistent application of standards across professional boundaries.

By clearly delineating when physical interventions are appropriate and ensuring accountability from service providers, the regulation aims to create a safer environment for both patients and caregivers. These changes recognize the complexity of caregiving roles and seek to protect individuals while fostering responsible and trained professional conduct in healthcare and support settings.

Manitoba (158/20203) December 21, 2023