Centralizing Authority Under the Provincial Health Authority
The Newfoundland and Labrador Personal Care Home Regulations Amendment (NLR 26/24) introduces updates to the existing Personal Care Home Regulations under the Health and Community Services Act. These revisions aim to modernize and align the regulatory framework for personal care homes with current standards and organizational structures, ensuring consistent and improved oversight.
One of the key changes in the amendment is the updating of definitions and terminology. Outdated references to government entities are replaced, such as changing “Department of Government Services and Lands” to “Department of Digital Government and Service Newfoundland and Labrador.” This reflects the current government structure, and the amendments also adopt gender-neutral language by replacing “his or her” with “that person” or “the person” in various sections.
The application and licensing procedures for operating a personal care home also undergo changes. Amendments to Section 4 modernize the language surrounding the licence application process, while Section 7 shifts responsibilities from regional health boards to the provincial health authority. Applicants must now submit their applications to the provincial health authority, which is tasked with ensuring compliance with the Health and Community Services Act and other relevant regulations.
The role of the provincial health authority is further reinforced in licensing and inspection procedures. Section 8 outlines how the authority is responsible for reviewing personal care home applications and deciding on the issuance or renewal of licences. This review process includes ensuring compliance with provincial laws, standards, and regulations, as well as the authority’s power to interview applicants and relevant individuals. If the authority determines a need for a personal care home in a specific area, it may issue a licence. If an application is denied, the authority must provide a written explanation for the decision. Section 9 specifies that licences will now be valid for one year, with renewals requiring a similar review. Responsibility for inspections is also transferred from regional boards to the provincial health authority, as clarified in Section 11, with inspectors ensuring compliance with required standards.
The amendments also focus on record-keeping and health standards. Section 12 highlights the provincial health authority’s responsibility for overseeing record-keeping standards in personal care homes, ensuring accurate documentation of services and staff qualifications. Section 14 addresses staff health and safety requirements, mandating that all personal care homes comply with provincial health standards. The wording in this section is updated to reflect consistency across the regulations, replacing references to individual staff members with “the staff.”
The amendments to the Personal Care Home Regulations modernize the regulatory framework in Newfoundland and Labrador by centralizing authority under the provincial health authority, updating terminology for inclusivity, and improving the consistency of oversight.
Newfoundland and Labrador (26/24) May 1, 2024