Ontario Regulation 471/24, enacted under the Fixing Long-Term Care Act, 2021, amends the existing Ontario Regulation 246/22 to refine standards and qualifications for personal support workers (PSWs) and other related provisions in long-term care homes. The regulation establishes specific criteria for individuals hired as PSWs, ensuring they are either registered with the Health and Supportive Care Providers Oversight Authority or meet equivalent standards verified by the licensee. These standards encompass education, skills, and knowledge assessments, with licensees required to determine qualifications equivalent to those stipulated under Ontario Regulation 217/24. The amendments also include transitional measures, allowing individuals with adequate skills and training to work as PSWs until January 1, 2026, provided their employment aligns with statutory compliance by February 1, 2026. Licensees must maintain detailed records of such employees, including statistical reports for regulatory oversight.

The regulation outlines additional hiring provisions for nurses and students in health care education. Registered nurses, registered practical nurses, and nursing students may be employed as PSWs if they possess the necessary skills and knowledge as assessed by the Director of Nursing and Personal Care. Similarly, students enrolled in PSW educational programs may work under supervision, but employment is contingent on program enrollment and successful completion within five years. Failure to meet these requirements necessitates termination of employment in these roles.

Regarding dietary care in long-term care homes, the regulation introduces a requirement for a written back-up plan when registered dietitians cannot be physically present, addressing service continuity through remote consultation or collaboration with on-site health professionals. This back-up plan must outline specific strategies to comply with clinical and nutritional care standards. In cases where remote care is employed, licensees must document their efforts to meet regulatory expectations and justify decisions concerning on-site professional collaboration. The regulation mandates comprehensive record-keeping to ensure transparency and accountability in dietary care arrangements.

The regulation also amends language to align with the revised section on PSW qualifications, substituting references to reflect the updated provisions. Commencement dates are staggered, with the PSW qualifications and dietary care back-up plan requirements taking effect on December 1, 2024, and January 1, 2025, respectively, ensuring sufficient preparation time for licensees. By enhancing clarity and accountability in workforce qualifications and care provisions, Ontario Regulation 471/24 aims to uphold high standards in long-term care settings while addressing operational flexibility.

Ontario (471/24) December 14, 2024