Health (Nursing Homes) Regulation 1982

Queensland Health Act 1937 HEALTH (NURSING HOMES) REGULATION 1982 Reprinted as in force on 9 July 1996 (includes amendments up to SL No. 102 of 1996) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This regulation is reprinted as at 9 July 1996. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to— • update citations and references (pt 4, div 2) • update references (pt 4, div 3) • express gender specific provisions in a way consistent with current drafting practice (s 24) • use different spelling consistent with current drafting practice (s 26(2)) • use standard punctuation consistent with current drafting practice (s 27) • use conjunctives and disjunctives consistent with current drafting practice (s 28) • use expressions consistent with current drafting practice (s 29) • reorder provisions consistent with current drafting practice (s 30A) • use appropriate names for provision units (s 32) • relocate marginal or cite notes (s 34) • use aspects of format and printing style consistent with current drafting practice (s 35) • omit provisions that are no longer required (ss 36, 39 and 40) • omit the words of notification (s 42A) • number and renumber certain provisions and references (s 43) • correct minor errors (s 44). Also see endnotes for information about— • when provisions commenced • editorial changes made in the reprint, including— • table of changed names and titles • table of changed citations and remade laws • table of obsolete and redundant provisions • table of corrected minor errors • table of renumbered provisions.

Queensland HEALTH (NURSING HOMES) REGULATION 1982 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 2—LICENCES 7 Application for licence to erect or keep nursing home . . . . . . . . . . . . . . . . . 6 8 Display of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Cessation of use of nursing home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Conditions applicable to the issue of a licence . . . . . . . . . . . . . . . . . . . . . . 6 11 Cancellation or suspension of a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 3—PRESCRIBED RECORDS 12 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12A Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 4—NOTIFIABLE DISEASES 13 Notifiable disease—licensee’s duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 5—THE KEEPING OF A NURSING HOME 14 Use of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 15 Permitted number of residents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16 Staff arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17 Requirements in respect of the operation of a nursing home . . . . . . . . . . . . 12 18 Provision of adequate nutrition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 19 Hygienic serving of food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2 Health (Nursing Homes) Regulation 1982 PART 6—SAFETY REQUIREMENTS 21 Requirements for electrical installations and maintenance . . . . . . . . . . . . . 14 22 Fire protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 23 Reports regarding electrical installation and fire protection . . . . . . . . . . . . 15 PART 7—RESIDENTS CARE AND ATTENTION 24 Prescribed requirements for care and attention of inmates . . . . . . . . . . . . . 15 PART 8—STANDARDS 25 Prescribed standards for the keeping of a nursing home . . . . . . . . . . . . . . . . 17 PART 9—GENERAL 26 Provisions relating to visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 27 Liability of licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 28 Prohibition of birds and animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 29 Additions or alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 30 Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 19 FEES SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 20 STANDARDS 1 Sleeping accommodation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2 Dining rooms and lounges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3 Laundry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4 Corridors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5 Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 Toilet and bathing facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 7 Pan rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 Nurses stations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 Nurses call system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 10 Treatment room . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 11 Storage of food wastes and other wastes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 12 Kitchens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 13 Servery areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 14 Stairs, ramps, lifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

3 Health (Nursing Homes) Regulation 1982 15 Service area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 16 Storage areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 17 Air conditioning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 18 Incinerators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 19 Staff accommodation and change room facilities . . . . . . . . . . . . . . . . . . . . . 32 SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 33 DOCUMENTS AND PARTICULARS TO ACCOMPANY LICENCE APPLICATIONS ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 37 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 6 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . 41 7 Table of changed citations and remade laws . . . . . . . . . . . . . . . . . . 42 8 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . 42 9 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 10 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

s1 5 s6 Health (Nursing Homes) Regulation 1982 HEALTH (NURSING HOMES) REGULATION 1982 [as amended by all amendments that commenced on or before 9 July 1996] † PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Health (Nursing Homes) Regulation 1982 . ˙ Definitions 4. In this regulation— “approved” means approved by the chief health officer. “extensive care resident” means an resident designated as an extensive care resident by the Commonwealth Department of Health. “room” includes a ward, bedroom or any compartment. “tableware” means any plate, cup, saucer, drinking glass, knife, fork, spoon, or other utensil or instrument whatsoever used for the serving or consumption of food. ˙ Fees 6. The fees for the purposes of the Act are set out in schedule 1.

s 7 6 s 10 Health (Nursing Homes) Regulation 1982 † PART 2—LICENCES ˙ Application for licence to erect or keep nursing home 7. An application for a licence to erect or keep a nursing home must be in the approved form and must be accompanied by the documents and particulars set out in schedule 3. ˙ Display of licence 8. A licensee shall at all times display or cause to be displayed in a prominent place in the nursing home, the licence issued in respect of such premises. ˙ Cessation of use of nursing home 9. Whenever a licensee ceases to use as a nursing home the premises in respect of which the licensee is the licence holder, such licensee shall within 7 days thereof— (a) notify the chief health officer of such cessation; and (b) deliver to the chief health officer the licence in respect of that nursing home. ˙ Conditions applicable to the issue of a licence 10.(1) A licence or renewal of licence issued under this section must be issued on the conditions mentioned in subsection (2). (2) A licensee— (a) shall be at the time of issue and shall continue to be during the currency of the licence a fit and proper licensee; (b) shall ensure that at all times proper supervision or control is being exercised in respect of the keeping of the nursing home; (c) shall provide or cause to be provided at the nursing home care and treatment for the residents of an approved standard; (d) shall comply fully at all times with the requirements of this

s 11 7 s 12 Health (Nursing Homes) Regulation 1982 regulation in respect of the erection, keeping and use of the nursing home. ˙ Cancellation or suspension of a licence 11.(1) Whenever the chief health officer, in pursuance of the provisions of the Act, cancels or suspends a licence issued under this regulation the chief health officer shall cause written notice to this effect to be served on the licensee, who shall within 14 days of receipt of such notice deliver up the cancelled or suspended licence, as the case may be, to the chief health officer. (2) Upon the termination of the period of suspension of a licence delivered up to the chief health officer as is provided in this section, the chief health officer shall, if such licence is still in force, return it to the licensee. † PART 3—PRESCRIBED RECORDS ˙ Records 12.(1) A licensee shall, with regard to the keeping of the nursing home in respect whereof the licensee holds the licence, provide and keep in legible form at the licensed premises the records specified hereunder— (a) a work roster containing the following particulars— (i) name and designation of all working personnel involved in the keeping of the nursing home; (ii) commencing and finishing times in respect of the periods of time worked by all such persons; (iii) names of ‘on call’ personnel and the times such persons are rostered for ‘on call’ duty; (iv) current registration number and practising certificate receipt number of all registered nursing staff; (b) a record of staff duties and orders containing full particulars of

s 12A 8 Health (Nursing Homes) Regulation 1982 s 12A specific duties for each category of working personnel and the times scheduled for the performance of such duties; (c) a salary and wages book; (d) a residents report book containing at least 1 entry per resident per day; (e) approved medical records in respect of each resident; (f) an up to date record of all extensive care residents; (g) the following registers for each resident— (i) a residents register; (ii) a composite emergency register; (iii) a duplicate emergency register. (2) An emergency register and a duplicate emergency register prescribed pursuant to this section— (a) shall not be permanently attached to any part of the premises; and (b) shall be provided and kept in respect of each section or wing of the nursing home where such nursing home consists of a number of sections or wings separate from each other for the accommodation of residents. (3) The records prescribed to be kept in pursuance of this section shall be retained by a licensee until such time as their destruction has been approved by the chief health officer who is hereby authorised to grant such approval on application being made in that behalf by a licensee. (4) A licensee shall ensure that all members of the nursing home staff are made aware of the provisions of this section. ˙ Registers 12A.(1) The licensee must record the following information for each resident in the residents register— (a) full name and usual address; (b) sex and age; (c) name and address of next-of-kin;

s 12A 9 Health (Nursing Homes) Regulation 1982 s 12A (d) date of admission; (e) name of current medical attendant; (f) nature of the resident’s health; (g) whether the resident has an intensive or ordinary classification; (h) date of the resident’s discharge, transfer or death. (2) The licensee must record the following information for each resident in the composite and duplicate emergency registers— (a) full name; (b) sex; (c) room number; (d) degree of mobility; (e) whether the resident is blind or deaf. (3) The licensee must record the information— (a) for the residents register, within 24 hours after— (i) the resident’s admission; or (ii) the resident’s discharge, transfer or death; and (b) for the composite and duplicate emergency registers—within 1 hour after the resident’s admission. (4) The licensee must record any change in the information— (a) for the residents register—within 24 hours after becoming aware of the new information; and (b) for the composite and duplicate emergency registers—within 1 hour after becoming aware of the new information. (5) The licensee must delete the record of information for a resident from the composite and duplicate emergency registers within 1 hour after the resident’s discharge, transfer or death. (6) The licensee must keep— (a) the residents register with the nursing home’s office records; and (b) the composite and duplicate emergency registers in a place in the

s 13 10 s 14 Health (Nursing Homes) Regulation 1982 nursing home approved by the chief health officer so that the registers are readily available in a fire or other emergency. † PART 4—NOTIFIABLE DISEASES ˙ Notifiable disease—licensee’s duties 13.(1) A licensee shall not receive into a nursing home any case of notifiable disease. (2) A licensee shall notify the chief health officer within 24 hours of any case of notifiable disease occurring in the nursing home. (3) When a resident develops a notifiable disease while in a nursing home the licensee shall forthwith, after such resident ceases to be accommodated therein, cause the room which was occupied by the resident and its contents to be disinfected to the satisfaction of the chief health officer. † PART 5—THE KEEPING OF A NURSING HOME ˙ Use of premises 14. A licensee shall not— (a) conduct or permit to be conducted on licensed premises any business or commercial undertaking of any kind other than the operation of such premises as a nursing home; or (b) use or permit to be used any area of a licensed premises for any purpose other than that purpose for which such area has been designated on plans lodged with the chief health officer.

s 15 11 s 16 Health (Nursing Homes) Regulation 1982 ˙ Permitted number of residents 15.(1) The maximum number of residents who may be accommodated in a nursing home shall be the number specified in the licence issued in respect of such nursing home. (2) However, in a situation where a licensee is able to demonstrate to the satisfaction of the chief health officer that— (a) an emergency exists; and (b) in such circumstances approval ought to be given to the accommodation of residents in the licensed premises in excess of the prescribed number; the chief health officer may approve of the accommodation of so many additional residents as the chief health officer considers appropriate to the circumstances. (3) Such approval shall be given for such period as the chief health officer determines, but in no case shall it exceed 14 days. ˙ Staff arrangements 16.(1) The number of nursing staff and domestics who shall by day and night be employed in a nursing home, the qualifications of such nursing staff, the rostering for duty of nursing staff and the minimum number of hours required of nursing staff in respect of the nursing care of residents shall be as is approved from time to time by the chief health officer of health and medical services. (2) An adult member of the nursing staff, not being a member of the nursing staff on duty in any part of the nursing home, shall be on call at no further than the adjoining house if there is only 1 nursing staff member on duty on any floor or wing of a nursing home. (2A) Such person shall be considered to be on call for the entire nursing home and shall be considered as being available for emergency or other unforseen occurrences only. (3) Adequate domestic staff shall be rostered for duty so that nursing staff shall not be required to perform any domestic duties.

s 17 12 s 17 Health (Nursing Homes) Regulation 1982 ˙ Requirements in respect of the operation of a nursing home 17. A licensee of a nursing home shall at all times— (a) exercise or cause to be exercised a close supervision over the persons employed thereat and cause all orders of a medical practitioner attending a resident therein to be properly and diligently carried out; and (b) cause all household linen, beds, bedding, furniture and all other things used in the management or conduct thereof to be duly cleaned, and shall, when required by an inspector, cause all bedding, clothing, or other articles, which have been exposed to or are believed to be contaminated with the infection of any infectious disease or which are dirty or verminous, to be disinfected. When any such article is of such a nature that it cannot be disinfected such article shall be destroyed in such manner as may be directed by an inspector; and (c) provide or cause to be provided thereat suitable covered receptacles into which all used surgical dressings, human tissues, blood, or pathological, infective, faecal, or other discharges shall be placed and shall cause all such matters to be disposed of in a manner approved by the chief health officer; and (d) cause every room therein to be maintained in a clean state, and every outbuilding and yard appurtenant thereto to be kept clean and free from any accumulation of rubbish, filth or waste matters which may become offensive or injurious to health, or matter likely to facilitate the outbreak of fire; and (e) in respect of matters relating to— (i) environmental hygiene; and (ii) food hygiene; and (iii) sanitary arrangements; and (iv) the collection and disposal of excreta, refuse, fluid or other wastes; observe such standards as may be approved from time to time by the chief health officer and notified in writing to such licensee;

s 18 13 s 18 Health (Nursing Homes) Regulation 1982 and (f) ensure that all tableware be cleansed in a hygienic manner; and (g) cause all food to be protected from contamination by dust, insects, vermin, animals or by any other means; and (h) cause all pots, pans, kettles, and other utensils used in or about a kitchen to be kept in a clean, sanitary and serviceable condition; and (i) cause every article used in connection with the serving of food to be covered at all times in such a manner as to protect such article and its contents effectively from contamination by cockroaches, insects or dust and other sources; and (j) ensure that kitchens and other places used for the preparation or storage of food are maintained in a clean and sanitary condition; and (k) ensure that the preparation and storage of food is carried out in accordance with clean and hygienic methods and practices, so that all food for consumption in the nursing home is wholesome and free from contamination; and (l) refrain from keeping, storing, spreading or using and shall not allow to be kept, stored, spread or used, a preparation containing a poison or other objectionable, injurious, or deleterious substance so as to expose food to risk of contamination therewith. ˙ Provision of adequate nutrition 18. A licensee of a nursing home shall ensure that— (a) where a resident’s diet is not prescribed by the resident’s medical attendant, the diet served to such resident is of an adequate nutritional standard; and (b) if there is more than 12 hours between the evening meal and breakfast, an adequate light supper is served; and (c) morning and afternoon teas are provided.

s 19 14 s 22 Health (Nursing Homes) Regulation 1982 ˙ Hygienic serving of food 19. A person engaged in the serving of food at a nursing home shall not— (a) portion out such food other than by means of a clean fork, spoon, or other suitable instrument or utensil; or (b) serve to a person food which has been previously served to another person; or (c) use any tableware which has not been thoroughly cleaned since the last occasion of use in a manner prescribed by this regulation. † PART 6—SAFETY REQUIREMENTS ˙ Requirements for electrical installations and maintenance 21. All electrical fittings, appliances, equipment or apparatus installed in a licensed nursing home shall at all times comply with the requirements of the relevant statutory electricity authority. ˙ Fire protection 22. A licensee of a nursing home shall— (a) provide and maintain thereat in efficient order and condition such fire protection and fire fighting equipment including fire escapes, stairways and ramps, as shall be recommended by the fire brigade board in whose area the nursing home is located and approved by the chief health officer; and (b) ensure that the date of inspection of all such fire fighting equipment shall be marked thereon; and (c) ensure that curtains and screens installed in the nursing home are of such material that can be treated for fire retardation and shall keep them so treated at all times.

s 23 15 s 24 Health (Nursing Homes) Regulation 1982 ˙ Reports regarding electrical installation and fire protection 23.(1) A licensee of a nursing home shall cause routine inspections and maintenance by a licensed electrical contractor of the entire electrical installations of such nursing home to be effected every 5 years and a report in respect thereof to be submitted to the chief health officer. (1A) The chief health officer may at such times as the chief health officer deems it necessary request from a licensee of a nursing home— (a) a report from the fire brigade board in whose area such nursing home is located containing up to date particulars in respect of those matters referred to in schedule 3, section 2(1)(a); (b) a report from— (i) the relevant electricity supply authority for the area in which the nursing home is located; or (ii) a licensed electrical contractor; containing up to date information in respect of the electrical installation and all electrical fittings, appliances, equipment and apparatus in such nursing home together with any recommendations in respect of these matters considered necessary or desirable in the interests of safety. (2) When the chief health officer, having received a report pursuant to subsection (1) is of the opinion, in the interests of safety, that action is necessary or desirable in respect of any matter referred to in such report the chief health officer shall by notice in writing request the licensee concerned to take such action within the time specified in the notice. (3) A licensee who fails to comply with any of the provisions of this section shall be guilty of an offence. † PART 7—RESIDENTS CARE AND ATTENTION ˙ Prescribed requirements for care and attention of inmates 24.(1) A licensee of a nursing home shall at all times—

s 24 16 s 24 Health (Nursing Homes) Regulation 1982 (a) in respect of the daily needs of each resident accommodated therein— (i) cause adequate services to be provided to meet such needs; (ii) ensure that such needs be attended to as the condition of the resident demands; (b) ensure that all instructions of a resident’s medical practitioner be carried out in a professional manner and that the administration of treatment be as medically prescribed. (1A) Without limiting the generality of the term ‘daily needs’ such term shall include feeding, bathing, toilet requirements, hair and dental care and attention to and prevention of pressure sores. (2) A licensee shall not place or allow to be placed on any resident any restrictions in respect of the periods of time during which such resident may occupy his or her bed or any other area of a nursing home to which such resident may have access unless the licensee is able to demonstrate that such occupancy is unreasonably disruptive to the operation of the nursing home. (3) Showering or bathing of a resident, except for the individual’s comfort, shall not be carried out between the hours of 8 pm and 5 am. (4) Where a resident suffers an injury a physician shall be retained as soon as possible to— (a) examine and report on the condition of the resident; and (b) provide any necessary treatment. (5) Where such injury is considered by the physician to be serious, the resident’s next of kin shall be notified forthwith. (6) Where the use of oxygen has been ordered for a resident— (a) all flammable solvents, matches and the like shall be removed from the room where such resident is receiving the oxygen; (b) suitable signs indicating ‘Danger—No Smoking—Oxygen in Use’ shall be displayed; (c) oil or grease shall not be used on the oxygen equipment, and such equipment shall be suitably anchored. (7) On the death of a resident in other than a single ward, the deceased

s 25 17 s 26 Health (Nursing Homes) Regulation 1982 shall be immediately screened and removed within 1 hour of death to a place of privacy or to a mortuary. (8) All dealings with the deceased shall be conducted respectfully. † PART 8—STANDARDS ˙ Prescribed standards for the keeping of a nursing home 25.(1) The matters set forth in schedule 2 shall be prescribed requirements in respect of the keeping of a nursing home for the purposes and circumstances specified in the said schedule. (2) However, in cases where— (a) a nursing home is being operated at the commencement of these regulations in pursuance of a licence issued under the Act; or (b) a nursing home is situated in a remote location; or (c) services included among such prescribed requirements are not available; or (d) compliance with such prescribed requirements would, in the opinion of the chief health officer, cause hardship; the chief health officer may in any such case approve of such amended requirements being applicable as the chief health officer considers to be of acceptable standard having regard to the safety and well being of the residents affected thereby. † PART 9—GENERAL ˙ Provisions relating to visitors 26. A licensee of a nursing home shall not without reasonable cause

s 27 18 s 30 Health (Nursing Homes) Regulation 1982 restrict or prohibit the entry of any visitor to such nursing home during the visiting hours applicable thereto. ˙ Liability of licensee 27. Wherever a requirement is contained in this regulation in respect of the keeping of a nursing home which requirement is not expressed as an obligation imposed on any person, each licensee shall be, unless a contrary intention appears, responsible for complying with such requirement. ˙ Prohibition of birds and animals 28. The licensee of a nursing home shall not permit or allow any bird or animal to enter upon or to remain in any place in a nursing home where any resident is accommodated or treated or where food is stored, prepared, served or handled. ˙ Additions or alterations 29. For the purposes of section 76F of the Act the prescribed scale shall be not less than 1:100. ˙ Penalty 30.(1) Except when otherwise specified herein, when any matter or thing is by this regulation directed or forbidden to be done and such act so directed to be done remains undone, or such act so forbidden to be done is done, in every such case every person offending against such direction or prohibition shall be guilty of a breach of this regulation and shall be liable on conviction to a maximum penalty of 4 penalty units. (2) Where any provision of this regulation is contravened by a religious body or order or by a society or body or association of persons every member of its committee of management or other governing body, by whatever name called, who was knowingly a party to the contravention, shall be deemed to have committed the offence and shall be liable accordingly.

19 Health (Nursing Homes) Regulation 1982 ¡ SCHEDULE 1 † FEES section 6 1. Issue of a licence to keep . . . . . . . . . . . . . . . . . . . . . . . . . 2. Renewal of a licence to keep . . . . . . . . . . . . . . . . . . . . . . 3. Issue of a licence to erect . . . . . . . . . . . . . . . . . . . . . . . . . 4. Renewal of a licence to erect . . . . . . . . . . . . . . . . . . . . . . 5. Transfer of a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 51.00 51.00 151.00 51.00 100.00.

20 Health (Nursing Homes) Regulation 1982 ¡ SCHEDULE 2 † STANDARDS ˙ Sleeping accommodation 1.(1) Sleeping accommodation shall be provided in wards containing not more than 4 beds in respect of each ward or such other number as may be approved in a particular case by the chief health officer. (2) The following standards shall apply in respect of each such ward— (a) the floor area provided shall be such that for each inmate there shall not be less than— (i) 9.3 m 2 in single wards; (ii) 8.3 m 2 in wards accommodating 2 or more beds; (iii) 3.8 m 2 for a child under 10 years of age and accommodated in a cot included in a ward with other cots or with beds; (b) such ward shall open directly into a hallway or passageway and no such ward shall have a means of egress through another room; (c) the ceiling height shall be not less than 2.44 m or where a higher ceiling height is a requirement of the local government local laws that higher ceiling height; (d) such ward shall be provided with furnishings, fittings and equipment of good standard, construction and condition as is prescribed hereunder— (i) beds—1 per inmate 10 years of age and over with 10% of such beds being capable of easy movement; (ii) bed rails—adequate in the opinion of the chief health officer for the needs of the nursing home; (iii) cots—1 per inmate under 10 years of age. However, a child under 10 years may be accommodated in a bed; (iv) mattresses—1 per bed, suitably encased in impervious

21 Health (Nursing Homes) Regulation 1982 SCHEDULE 2 (continued) material. One spare mattress to be provided for every 20 beds; (v) pillows—3 per bed and 1 chair pillow per 10 beds; (vi) bed linen—shall be of such quantity so as to provide a change for all beds immediately if necessary, and of suitable quality not to contribute to the occurrence of pressure sores; (vii) chairs—1 per bed to be suitably upholstered with arm rests and high back support; (viii)wheelchairs—1 per 10 beds; (ix) shower/toilet chairs—1 per 20 beds; (x) commodes—1 per ward irrespective of size; (xi) bed pans and bed urinals—such number as is adequate to service the needs of the inmates; (xii) lockers—(bedside) 1 per bed, cabinet or drawer type; (xiii)wardrobes—such numbers as are sufficient to provide adequate hanging space and an adequate suitable receptacle for the separate storage of the clothes of each inmate; (xiv)bed lamps—1 per bed—provided that another approved type of lamp adjacent to an inmate’s bed may be substituted; (xv) screens—suspended screens, on overhead tracks to ensure privacy for each inmate shall be provided in all wards occupied by 2 or more inmates. Curtains or blinds to ensure privacy to all inmates shall be provided on all external and internal windows; (xvi)tooth mugs—1 per bed; (xvii)water jugs and glasses—1 covered water jug and 1 glass per inmate; (e) the walls and ceilings shall be painted or otherwise finished in attractive and bright colours and in such a manner that the surface is readily washable;

22 Health (Nursing Homes) Regulation 1982 SCHEDULE 2 (continued) (f) floor coverings shall be of such materials or so covered as to be non-hazardous and capable of being readily cleaned and disinfected; (g) power outlets shall be provided on the basis of 2 per bed. Fans and heaters shall be provided with outlets other than these. All such outlets shall be located so as not to pose a trip hazard; (h) on the outface of the entrance of every such room (not on door), there shall be painted or otherwise marked in legible, prominent and permanent characters the numbers or words as the case may be indicating the designation assigned to that room on the plans of such nursing home lodged with the chief health officer. ˙ Dining rooms and lounges 2.(1) There shall be provided 1 or more day lounges and 1 or more dining rooms for the use of inmates, or alternatively with the approval of the chief health officer, 1 or more rooms which may be used for both purposes. (2) Where an area is provided for occupational therapy of any type, it shall not form part of the lounge or dining area. (3) Dining rooms for inmates shall be flyscreened and shall be of such an area that there is not less than 1 m 2 of floor area for each inmate. (4) Where a room is used for the combined purpose of a dining room and a day-lounge the floor area shall not be less than 1.5 m 2 per inmate. (5) Day-lounges for inmates shall provide not less than 1 m 2 of floor area for each inmate. (6) The furnishing of the dining room and day-lounge shall be adequate for the needs of the inmates. (7) The facilities prescribed herein in respect of dining rooms and day-lounges shall be provided, positioned and furnished in such a manner as is approved by the chief health officer.

23 Health (Nursing Homes) Regulation 1982 SCHEDULE 2 (continued) ˙ Laundry 3.(1) There shall be provided a suitable laundry which is adequately equipped for the cleansing of all bedding, clothing and other articles and with facilities for disinfecting all bedding, clothing and other articles requiring disinfection. (2) The laundry and other facilities referred to herein shall be a separate room or set of rooms and shall not have any means of entrance or egress through any kitchen or other room where food is stored, prepared, served or handled. (3) The floor of a laundry shall be covered with impervious material (4) This requirement does not apply to any nursing home that is provided with an adequate laundry and disinfecting service by a contractor to the licensee. (5) Where a laundry service is provided adequate provision shall be made for the laundering of inmates’ personal clothes. (6) All soiled or pre-washed articles shall be stored in a container with a firm fitting lid until such times as they are suitably disposed of. ˙ Corridors 4.(1) All corridors shall be fitted with handrails on 1 side at least, and shall be equipped with suitable night lighting. (2) No door shall open outwards on to a corridor. ˙ Instruments 5.(1) An adequate supply of forceps, kidney trays, bowls and like equipment to carry out simple dressings shall be provided. (2) A suitable cloth cover shall be provided for all urine drainage bags. (3) Hypodermic syringes used in the nursing home shall be of the disposable type. (4) An adequate supply of thermometers to service the needs of inmates shall be provided.

24 Health (Nursing Homes) Regulation 1982 SCHEDULE 2 (continued) (5) There shall be available an adequate number of wash bowls for the sponging of inmates confined to bed (no less than 10% of bed numbers). (6) Hospital type wooden bed blocks only may be used in the nursing home. (7) Oxygen and suction apparatus adequate for the purposes of the nursing home shall be provided. ˙ Toilet and bathing facilities 6.(1) The nursing home shall be provided with— (a) a sufficient number of water closets, bathrooms and shower rooms so as to provide adequate facilities for the use of the inmates and staff; and (b) a sufficient number of water closets so as to provide adequate facilities for the use of visitors; (2) The water closets provided for the use of inmates shall be separate from those provided for the use of staff. (2A) There shall be at least 1 water closet for each 6 inmates or part thereof of each sex. (2B) At least 1 water closet suitable for use by an inmate using a wheelchair shall be provided for each 20 inmates or part thereof of each sex. (3) Every water closet, bathroom and shower room that is provided for the use of inmates shall be flyscreened and fitted on 2 sides with grab bars, guide rails or other suitable devices for the safety and convenience of inmates. (3A) Each such grab bar, guide rail or device shall be of rust resistant material, at least 300 mm long and securely fitted at least 70 mm from the wall so as to provide adequate support. (3B) The door of every water closet, bathroom and shower room— (a) shall be provided with a device for opening the door from the outside even though any device for locking or keeping the door closed from the inside is locked or otherwise secured; and

25 Health (Nursing Homes) Regulation 1982 SCHEDULE 2 (continued) (b) shall swing inwards on approved hinges. (4) Where common water closets and shower facilities are located between 2 rooms each such facility shall be— (a) a separate unit; and (b) so constructed so as to provide the user thereof with complete privacy. (4A) All sanitary conveniences shall conform to the requirements of the Health Act 1937 and shall be installed in conformity with the Standard Sewerage Law of the Sewerage and Water Supply Act 1949 . (5) Ablution areas shall be— (a) centrally located; and (b) heated; to the approval of the chief health officer and in multi-floor/multi-wing nursing homes at least 1 such ablution area shall be located on each floor or wing. (6) One free standing plunge bath shall be provided for each 50 inmates or part thereof. (7) Shower cubicles shall be provided in ratio of l for 10 inmates of each sex and at least 1 shower cubicle in each block shall be of such a width as to readily admit and accommodate a wheelchair. (8) Each shower cubicle shall be graded to a waste at the rear thereof and shall not have an up-stand or curbing at its front or entrance, and such shower cubicle shall be of such size as to provide for a dressing area and a fixed seat as part thereof. (9) Separate adequate bathing facilities shall be provided for staff members. (10) Wash hand basins shall be provided in toilets and ablution areas, in all inmates’ bedrooms and at least 1 in an alcove in the passageway of each wing. (11) All baths, showers and wash basins shall be provided with hot and cold running water.

26 Health (Nursing Homes) Regulation 1982 SCHEDULE 2 (continued) (12) In communal dressing areas privacy shall be provided for each inmate. (13) Each shower recess and bathroom shall be provided with a suitable stool. (14) The floors of toilets bathrooms and shower cubicles shall be of approved impervious material, rat proofed, and have a smooth surface graded to the fixture outlet. (15) Walls shall have a smooth washable surface. ˙ Pan rooms 7.(1) Adequate pan rooms shall be provided at convenient places on each floor or wing of the nursing home and shall contain— (a) a means approved by the chief health officer of adequately cleaning, sanitising and storing bed pans, urinal bottles and wash basins. Such sanitisation shall be performed after each use; and (b) a bench with an impervious top in which is fitted a stainless steel sink provided with hot and cold running water; and (c) equipment for urine testing; and (d) a means for the initial cleansing of soiled linen and its subsequent storage in containers with tight fitting lids; and (e) a suitable storage cupboard. The doors of pan rooms shall be fitted with self-closing devices and the windows and other openings shall be protected against flies by means of suitable flyscreens; and (f) a wash hand basin for staff hand washing. (2) The floors of pan rooms shall be of approved impervious material, rat proofed, and have a smooth surface graded to the fixture outlet. (3) Walls shall have a smooth washable surface.

27 Health (Nursing Homes) Regulation 1982 SCHEDULE 2 (continued) ˙ Nurses stations 8.(1) Nurses Stations shall be so sited as to provide adequate supervision of inmates, ensuring that the corridor exit of every room and the nurses call indicator board is visible from the station. (2) There shall be at least 1 nurses station for every 30 inmates or part thereof. ˙ Nurses call system 9.(1) A nurses call system shall be designed and installed so as to provide both visual and audible signal communication between the inmates and the nursing staff. (2) The nurses call system shall include— (a) a call point or points in each nursing unit with an extension cord at each inmate’s bed; and (b) a call bell in each inmate community area; and (c) a visible signal in the corridor above the door of each inmate’s bedroom so as to be visible from all parts of the corridor; and (d) a continuous or repeating audible signal and a suitable means of indicating the room from which the call originates shall be located at each nurses station; and (e) provision for cancellation of a call only at the point of origin. (3) A nurses call point shall be provided in each inmate’s bathroom, shower room, toilet room, lounge and dining room and shall be located in a position that is easily accessible to the inmates. (4) Direct repeating intercommunication in addition to a telephone shall be provided from each nurses station to on-call nurses quarters, and the fire alarm bell shall be sufficiently audible to waken the on-call nurse. (5) There shall be no method of cancellation in whole or in part of a call bell system.

28 Health (Nursing Homes) Regulation 1982 SCHEDULE 2 (continued) ˙ Treatment room 10.(1) Treatment rooms adequate to the needs of the nursing home shall be provided and shall be so sited that there shall be at least 1 such treatment room on each floor of the nursing home. (2) A treatment room shall be provided with— (a) a medicine cupboard capable of being securely locked; (b) a receptacle or a secure place approved by the chief health officer for the storage of dangerous drugs in accordance with the Poisons Regulation 1973 , part K (only 1 per home needed); (c) cupboards for the storage of dressings and like equipment; (d) an adequate means of sterilising instruments if prepacked sterilised equipment is not used completely; (e) oxygen cylinders and associated resuscitation equipment that are capable of being readily and conveniently used and if of the moveable type, capable of being readily and conveniently transported; (f) a wash hand basin; (g) a work bench with an impervious top and splashback and stainless steel sink with hot and cold running water. ˙ Storage of food wastes and other wastes 11.(1) Strong receptacles, approved by the chief health officer, in adequate numbers, covered with closely fitting lids, shall be provided for the temporary storage, pending removal for disposal, of all kinds of kitchen and other refuse. (2) The stands or floor upon which such receptacles are stored shall be of such a nature and so constructed as not to provide shelter for rodents or other vermin. (3) All receptacles shall be cleaned and disinfected on each occasion the contents are disposed of.

29 Health (Nursing Homes) Regulation 1982 SCHEDULE 2 (continued) ˙ Kitchens 12.(1) The nursing home shall be provided with at least 1 kitchen. (2) Each kitchen shall comply with the following requirements— (a) all window openings and doors shall be fly proof; (b) the floor shall be of impervious material and shall be coved up at the edges where it joins the walls to permit easy cleaning; (c) the walls and ceilings shall be of a smooth durable material with a washable finish; (d) the tables, bench tops, and other surfaces on which food is prepared or handled shall be covered with smooth, impervious material; (e) sufficient storage space shall be provided for the protection from dust and vermin of foodstuffs, utensils, cutlery and crockery; (f) containers with close fitting lids shall be provided for the storage of all open packages of food. (3) Suitable refrigerators or cold rooms shall be provided for the storage of all perishable foodstuffs. ˙ Servery areas 13.(1) The nursing home shall be provided with at least 1 servery which shall be flyscreened and shall be equipped with a refrigerator, a work bench with an impervious top, a double bowl stainless steel sink and impervious draining area, space for a food trolley, a cupboard for cutlery, crockery and other necessary equipment. (2) Tray storage suitably protected from dust and vermin and refuse receptacles with suitable fly-proof covers shall also be provided therein. ˙ Stairs, ramps, lifts 14.(1) Where an inmate is or is intended to be accommodated on a storey above the ground storey the licensee shall provide means of ready access to all storeys above the ground storey by means of a ramp.

30 Health (Nursing Homes) Regulation 1982 SCHEDULE 2 (continued) (2) Stairs, ramps and lifts provided at a nursing home for the normal daily use of inmates, staff members, and visitors and stairways and other facilities provided as emergency means of escape therefrom in the case of fire or other disaster shall conform to the following requirements— (a) a ramp shall have a rise of not more than 1 cm in a length of 14 cm measured horizontally, and fitted with continuous hand rails. It shall have half space or quarter space landings as the case may require; (b) stairs shall be of straight flights, shall have half space or quarter space landings as the case may require at intervals of not more than 15 steps, and shall have proper balusters, and continuous hand rails. Such steps shall have treads not less than 280 mm wide, exclusive of nosing, and risers not more than 180 mm high; (c) a door shall not open immediately onto a flight of steps or a ramp; a landing at least as long and as broad as the width of the doorway shall, in all cases be provided between the doorway and the first step of such flight of steps and the beginning of the ramp; (d) a nursing home which consists of a building of more than 2 storeys above the ground floor shall be provided with 1 or more lifts as the chief health officer having regard to the size of such building or the number of storeys therein may require; (e) each stairway, ramp and lift, shall be of such dimensions as will allow of an inmate being easily carried therein or conveyed therein on a stretcher, litter, or trolley in a horizontal position. All related surfaces and passageways shall be hazard free. ˙ Service area 15. Access to a service area of the nursing home shall be provided for tradesperson’s vehicles.

31 Health (Nursing Homes) Regulation 1982 SCHEDULE 2 (continued) ˙ Storage areas 16. Storage areas shall be provided for— (a) meat, dairy produce and fish (refrigerated); (b) daily supplies and leftovers (refrigerated); (c) fruit and vegetables; (d) dry food goods; All food items to be stored separately from other items; (e) clean linen; (f) soiled linen; (in container with tight fitting lid); (g) inmate’s luggage and effects; (h) wheelchairs, commodes and other equipment; (i) spare furniture, beds and articles requiring repair; (j) hardware and household equipment and cleansing supplies; (k) garden tools and supplies; (l) empty containers for return or disposal; (m) refuse-wastes from all sources; (n) flammable goods of any type which storage area shall not be in proximity to the nursing home. ˙ Air conditioning 17. An air conditioning system or other approved cooling system shall be provided in each room where the chief health officer considers it desirable for the comfort of inmates. ˙ Incinerators 18. Where waste material is disposed of on the premises an efficient incinerator containing a chimney fitted with a spark arrester shall be provided for that purpose.

32 Health (Nursing Homes) Regulation 1982 SCHEDULE 2 (continued) ˙ Staff accommodation and change room facilities 19.(1) Approved facilities shall be provided for all staff. (2) Change room measurements and facilities shall comply with the Factories and Shops Act 1960 . (3) However, separate individual lockers, capable of affording security to staff possessions shall be supplied. (4) Where sleeping accommodation is provided it shall be approved of by the chief health officer in regard to suitability of size and position.

33 Health (Nursing Homes) Regulation 1982 ¡ SCHEDULE 3 † DOCUMENTS AND PARTICULARS TO ACCOMPANY LICENCE APPLICATIONS section 7 1.(1) Plans and specifications and particulars relating thereto as set out hereunder— (a) a written statement setting out— (i) the situation of the premises; (ii) the name of the nursing home; (iii) the date of the plans; (iv) the name and address of the architect or other person responsible for the carrying out of the proposed works. (b) plans showing clearly whether they refer to— (i) a proposed new building; (ii) an existing building not requiring any structural alteration or extension; (iii) an existing building requiring structural alteration or extension; (iv) the rebuilding, alteration, or extension of a licensed nursing home. (2) The plans prescribed in this schedule shall consist of or include— (a) a block plan drawn to scale net smaller than 1 cm to 2.5 m (1:250) showing— (i) the position of the building in relation to the boundaries of the site, to any existing buildings or outbuildings on the site or adjacent thereto, and to the thoroughfares, rights of ways, or lanes upon which the site of such building abuts, and whether such rights of ways or lanes are under the

34 Health (Nursing Homes) Regulation 1982 SCHEDULE 3 (continued) applicant’s sole control; (ii) names of adjacent public thoroughfares; (iii) the provision for access to such thoroughfares from such building; (iv) the position of each closet, urinal, laundry or other fixed sanitary convenience; (v) the cardinal points; (vi) the scale as above prescribed; (vii) the signed name and postal address of the architect or other person undertaking the superintendence of the erection, building, rebuilding, extension, or alteration. (b) plans and sections drawn to a scale not smaller than 1 cm to 1.0 m (1:100) of each floor of the building showing— (i) the nature of the structural connection (if any) with any existing building; (ii) nature of soil and depth of foundation below ground surface; (iii) nature of materials of construction; (iv) position of floor bearers; (v) thickness of walls, position of damp-proof courses, nature of linings, coatings of walls and ceilings; (vi) the internal length, width and height of each room in figures; (vii) position of each doorway, window, ventilator, and fireplace; (viii)area of glazed lighting surface of each window; (ix) the least width and headway of each stairway (if any) and dimensions of landings, treads, and risers and position of hand rails; (x) form and pitch of roof; (xi) the purpose or use to which each and every room is to be put (in ablution/toilet areas, closets, urinals, showers and bath to

35 Health (Nursing Homes) Regulation 1982 SCHEDULE 3 (continued) be positioned and ventilation method indicated); (xii) the nature and extent of the provision for water supply to and drainage of, the premises, and for fire extinction, and the means available for saving life in the event of a fire; (xiii)as prescribed above in the case of the block plan, the scale, and the signed name and postal address of the architect or other person undertaking the superintendence of the erection, building, re-building, extension or alteration aforesaid; (xiv)a complete and proper specification of the works proposed to be erected and of the materials to be employed therein. 2.(1) A report by the fire brigade board in whose area the building proposed as a nursing home is located or is proposed to be erected containing the following particulars— (a) in respect of an existing building— (i) the slope or contour of the grounds and the accessibility of the building from the grounds and from public thoroughfares; and (ii) the materials of construction with special reference to their age and condition and the risk of the initiation or spread of fire therein; and (iii) the means of escape provided for patients in the event of fire and the adequacy thereof; and (iv) the nature, location and condition of any existing fire fighting and fire protection equipment and the adequacy thereof; and (v) the location of private water supplies, hose points on public thoroughfares or other sources of water for fire fighting purposes and the adequacy thereof; and (vi) particulars of the presence of stored furniture, accumulations of rubbish, or other flammable materials in or under the building; and (vii) the minimum additional measures considered necessary to

36 Health (Nursing Homes) Regulation 1982 SCHEDULE 3 (continued) ensure reasonable safety of the inmates in the event of fire. (b) in respect of a building proposed to be erected in which case the particulars prescribed herein shall be noted on the plans and specifications— (i) the degree of facility with which the design allows of the escape of inmates and staff in the event of fires; and (ii) the degree of which the materials of construction as specified afford fire protection or offer fire risk; and (iii) the adequacy or otherwise of the number and placement of doorways, stairs, ramps, fire escapes, and lifts as a means of escape in the event of fire; and (iv) the adequacy or otherwise of the number and placement of fire extinguishers, fire hoses, hose points, or other fire fighting or fire protection devices; and (v) the minimum alterations or additions considered necessary to ensure reasonable safety of the inmates in the event of fire. 3. A report by the local government having jurisdiction in the area in which the existing or proposed building is located stating that all requirements of that local government relating to the construction or use of such building as a nursing home have been complied with.

37 Health (Nursing Homes) Regulation 1982 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 6 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 7 Table of changed citations and remade laws . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 8 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 9 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 10 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 9 July 1996. Future amendments of the Health (Nursing Homes) Regulation 1982 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

38 Health (Nursing Homes) Regulation 1982 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered ´ 4 List of legislation Health (Nursing Homes) Regulation 1982 (prev short title see list of annotations s 1) pubd gaz 30 october 1982 pp 1023–1050 commenced on date of publication exempted from application of Regulatory Reform Act 1986 by order pubd gaz 27 May 1989 p 556 as amended by— regulations published gazette (pre SL Series)— pubd gaz 19 November 1983 p 1247 commenced on date of publication pubd gaz 22 September 1984 p 417 commenced on date of publication pubd gaz 9 November 1985 p 1315 commenced on date of publication pubd gaz 9 August 1986 p 2506 commenced on date of publication pubd gaz 26 September 1987 p 341 commenced on date of publication pubd gaz 22 October 1988 p 852 commenced on date of publication

39 Health (Nursing Homes) Regulation 1982 pubd gaz 23 September 1989 p 748 commenced on date of publication pubd gaz 15 September 1990 p 283 commenced on date of publication Department of Health (Variation of Fees) Regulation (No. 2) 1991 SL No. 147 pts 1, 3 pubd gaz 30 November 1991 pp 1644–55 commenced on date of publication Health Legislation Amendment Regulation (No. 1) 1994 SL No. 213 pts 1, 5 notfd gaz 24 June 1994 pp 1058–61 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 1994 (see s 2(1)) Health (Nursing Homes) Amendment Regulation (No. 1) 1996 SL No. 102 notfd gaz 24 May 1996 pp 715–16 commenced on date of notification ´ 5 List of annotations Note— A provision of the Health (Nursing Homes) Regulation 1982 that was called a regulation or subregulation before the commencement of the Department of Health (Variation of Fees) Regulation (No. 2) 1991 may be called a section or subsection and a reference to a regulation or subregulation of the regulations designated by a number is a reference to a section or subsection of the regulations designated by that number (see 1991 SL No. 147 s 2) Short title s 1 sub 1991 SL No. 147 s 8; 1994 SL No. 213 s 15 Arrangement s 2 om R1 (see RA s 36) Repeal s 3 om R1 (see RA s 40) Definitions prov hdg sub 1996 SL No. 102 s 3 s 4 def “approved” amd 1996 SL No. 102 s 18 def “extensive care resident” amd 1996 SL No. 102 s 15 Forms s5 amd 1991 SL No. 147 s 3 sub 1994 SL No. 213 s 16 om 1996 SL No. 102 s 4 Fees s 6 sub 1994 SL No. 213 s 16

40 Health (Nursing Homes) Regulation 1982 Application for licence to erect or keep nursing home prov hdg amd 1991 SL No. 147 s 3 s 7 sub 1994 SL No. 213 s 16 amd 1996 SL No. 102 s 5 Cessation of use of nursing home s 9 amd 1996 SL No. 102 s 18 Conditions applicable to the issue of a licence s 10 amd 1996 SL No. 102 ss 6, 16 Cancellation or suspension of a licence s 11 amd 1991 SL No. 147 s 3; 1996 SL No. 102 s 18 Records prov hdg ins 1996 SL No. 102 s 7(1) s 12 amd 1996 SL No. 102 ss 7(2), 15–16, 18 Registers s 12A ins 1996 SL No. 102 s 8 PART 4—NOTIFIABLE DISEASES pt hdg sub 1996 SL No. 102 s 9 Notifiable disease—licensee’s duties prov hdg ins 1996 SL No. 102 s 10(1) s 13 amd 1996 SL No. 102 ss 10(2)–(3), 15, 18 Use of premises s 14 amd 1996 SL No. 102 s 18 Permitted number of residents prov hdg amd 1996 SL No. 102 s 16 s 15 amd 1996 SL No. 102 ss 16, 18 Staff arrangements s 16 amd 1996 SL No. 102 ss 16, 18 Requirements in respect of the operation of a nursing home s 17 amd 1996 SL No. 102 s 11, 15, 18 Provision of adequate nutrition s 18 amd 1996 SL No. 102 ss 15, 17 Provisions regarding mental illness s 20 om 1994 SL No. 213 s 17 Fire protection s 22 amd 1996 SL No. 102 s 18 Reports regarding electrical installation and fire protection s 23 amd 1996 SL No. 106 ss 12, 18 PART 7—RESIDENTS CARE AND ATTENTION pt hdg amd 1996 SL No. 102 s 16

41 Health (Nursing Homes) Regulation 1982 Prescribed requirements for care and attention of inmates s 24 amd 1994 SL No. 213 s 18; 1996 SL No. 102 ss 15, 17 Prescribed standards for the keeping of a nursing home s 25 amd 1991 SL No. 147 s 3; 1996 SL No. 102 ss 13, 16, 18 Prohibition of birds and animals s 28 amd 1996 SL No. 102 s 15 Addition or alterations s 29 amd 1991 SL No. 147 s 3 Penalty s 30 amd 1996 SL No. 102 s 14 SCHEDULE 1—FEES sub 1994 SL No. 213 s 19 SCHEDULE 2—STANDARDS prev sch 2 sub reg pubd gaz 19 November 1983 p 1247 s 2; 22 September 1984 p 417 s 2; 9 November 1985 p 1315 s 2; 9 August 1986 p 2506 s 2; 26 September 1987 p 341 s 2; 22 October 1988 p 852 s 2; 23 September 1989 p 748 s 2; 15 September 1990 p 283 s 3; 1991 SL No. 147 s 9 om 1994 SL No. 213 s 19 pres sch 2 (prev sch 3) amd 1996 SL No. 102 s 18 renum 1996 SL No. 102 s 19 SCHEDULE 3—DOCUMENTS AND PARTICULARS TO ACCOMPANY LICENCE APPLICATIONS (prev sch 4) amd 1996 SL No. 102 s 20(1) renum 1996 SL No. 102 s 20(2) ´ 6 Table of changed names and titles TABLE OF CHANGED NAMES AND TITLES under the Reprints Act 1992 ss 23 and 23A Old New Reference provision by-law (of a local authority) local authority local law (of a local government) local government Local Government Act 1993 s 796(1)(l) Local Government Act 1993 s 796(1)(a)

42 Health (Nursing Homes) Regulation 1982 ´ 7 Table of changed citations and remade laws TABLE OF CHANGED CITATIONS AND REMADE LAWS under the Reprints Act 1992 ss 21A and 22 Old New Reference provision Standard Sewerage By-laws 1981 (or Standard Sewerage By-laws (however described)) Standard Sewerage Law Sewerage and Water Supply Act 1949 s 32 ´ 8 Table of obsolete and redundant provisions TABLE OF OBSOLETE AND REDUNDANT PROVISIONS under the Reprints Act 1992 s 39 Omitted provision Provision making omitted provision obsolete/redundant definitions to be read in context Acts Interpretation Act 1954 s 32A ´ 9 Table of corrected minor errors Provision TABLE OF CORRECTED MINOR ERRORS under the Reprints Act 1992 s 44 Description 12(1)(d) 13(3) 17(a) 18(a) 24(1)(b) 24(3) 24(4) 24(6) 24(7) om ‘an resident’ ins ‘a resident’ om ‘an resident’ ins ‘a resident’ om ‘an resident’ ins ‘a resident’ om ‘an resident’ ins ‘a resident’ om ‘an resident’ ins ‘a resident’ om ‘an resident’ ins ‘a resident’ om ‘an resident’ ins ‘a resident’ om ‘an resident’ ins ‘a resident’ om ‘an resident’ ins ‘a resident’

43 Health (Nursing Homes) Regulation 1982 ´ 10 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS under the Reprints Act 1992 s 43 Previous Renumbered as 15, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 15(1) 15, proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15(2) 15, 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 15(3) 16(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 16(2A) 23(1)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23(1) 23(1)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23(1A) 23(1)(b)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23(1A)(a) 23(1)(b)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23(1A)(b) 23(1)(b)(ii)A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23(1A)(b)(i) 23(1)(b)(ii)B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23(1A)(b)(ii) 24(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 24(1A) 24(4), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 24(5) 24(7), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 24(8) 25, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 25(1) 25, proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25(2) sch 2 1, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . 1(1) 1, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 1(2) 2, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . 2(1) 2, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 2(2) 2, 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 2(3) 2, 4th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 2(4) 2, 5th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 2(5) 2, 6th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 2(6) 2, 7th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 2(7) 3, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . 3(1) 3, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 3(2) 3, 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 3(3) 3, 4th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 3(4) 3, 5th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 3(5) 3, 6th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 3(6) 4, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . 4(1) 4, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 4(2) 5, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . 5(1) 5, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 5(2) 5, 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 5(3) 5, 4th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 5(4) 5, 5th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 5(5) 5, 6th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 5(6)

44 Health (Nursing Homes) Regulation 1982 5, 7th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 5(7) 6(2)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(2) 6(2)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(2A) 6(2)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(2B) 6(3)(a)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(3) 6(3)(a)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(3A) 6(3)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(3B) 6(3)(b)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(3B)(a) 6(3)(b)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(3B)(b) 6(4)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(4)(a) 6(4)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(4)(b) 6(4), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . 6(4A) 6(5)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(5) 6(5)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(6) 6(5)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(7) 6(5)(iii), 2nd sentence . . . . . . . . . . . . . . . . . . . . 6(8) 6(5)(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(9) 6(5)(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(10) 6(5)(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(11) 6(5)(vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(12) 6(5)(viii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6(13) 6(5), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . 6(14) 6(5), 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . 6(15) 7, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . 7(1) 7, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 7(2) 7, 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 7(3) 8, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . 8(1) 8, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 8(2) 11, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 11(1) 11, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 11(2) 11, 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 11(3) 13, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 13(1) 13, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 13(2) 19, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 19(1) 19, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 19(2) 19, 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 19(3) 19, 4th setnence . . . . . . . . . . . . . . . . . . . . . . . . . 19(4) sch 3 1, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . 1(1) 1, 1st sentence, 1st unnum para . . . . . . . . . . . . . 1(1)(a) 1, 1st sentence, 1st unnum para (i) . . . . . . . . . . 1(1)(a)(i) 1, 1st sentence, 1st unnum para (ii) . . . . . . . . . 1(1)(a)(ii) 1, 1st sentence, 1st unnum para (iii) . . . . . . . . . 1(1)(a)(iii) 1, 1st sentence, 1st unnum para (iv) . . . . . . . . . 1(1)(a)(iv) 1, 1st sentence, 2nd unnum para . . . . . . . . . . . . 1(1)(b) 1, 1st sentence, 2nd unnum para (a) . . . . . . . . . 1(1)(b)(i)

45 Health (Nursing Homes) Regulation 1982 1, 1st sentence, 2nd unnum para (b) . . . . . . . . . 1(1)(b)(ii) 1, 1st sentence, 2nd unnum para (c) . . . . . . . . . 1(1)(b)(iii) 1, 1st sentence, 2nd unnum para (d) . . . . . . . . . 1(1)(b)(iv) 1, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 1(2) 1, 2nd sentence A . . . . . . . . . . . . . . . . . . . . . . . . 1(2)(a) 1, 2nd sentence A(a) . . . . . . . . . . . . . . . . . . . . . 1(2)(a)(i) 1, 2nd sentence A(b) . . . . . . . . . . . . . . . . . . . . . 1(2)(a)(ii) 1, 2nd sentence A(c) . . . . . . . . . . . . . . . . . . . . . 1(2)(a)(iii) 1, 2nd sentence A(d) . . . . . . . . . . . . . . . . . . . . . 1(2)(a)(iv) 1, 2nd sentence A(e) . . . . . . . . . . . . . . . . . . . . . 1(2)(a)(v) 1, 2nd sentence A(f) . . . . . . . . . . . . . . . . . . . . . . 1(2)(a)(vi) 1, 2nd sentence A(g) . . . . . . . . . . . . . . . . . . . . . 1(2)(a)(vii) 1, 2nd sentence B . . . . . . . . . . . . . . . . . . . . . . . . 1(2)(b) 1, 2nd sentence B(a) . . . . . . . . . . . . . . . . . . . . . 1(2)(b)(i) 1, 2nd sentence B(b) . . . . . . . . . . . . . . . . . . . . . 1(2)(b)(ii) 1, 2nd sentence B(c) . . . . . . . . . . . . . . . . . . . . . 1(2)(b)(iii) 1, 2nd sentence B(d) . . . . . . . . . . . . . . . . . . . . . 1(2)(b)(iv) 1, 2nd sentence B(e) . . . . . . . . . . . . . . . . . . . . . 1(2)(b)(v) 1, 2nd sentence B(f) . . . . . . . . . . . . . . . . . . . . . . 1(2)(b)(vi) 1, 2nd sentence B(g) . . . . . . . . . . . . . . . . . . . . . 1(2)(b)(vii) 1, 2nd sentence B(h) . . . . . . . . . . . . . . . . . . . . . 1(2)(b)(viii) 1, 2nd sentence B(i) . . . . . . . . . . . . . . . . . . . . . . 1(2)(b)(ix) 1, 2nd sentence B(j) . . . . . . . . . . . . . . . . . . . . . . 1(2)(b)(x) 1, 2nd sentence B(k) . . . . . . . . . . . . . . . . . . . . . 1(2)(b)(xi) 1, 2nd sentence B(l) . . . . . . . . . . . . . . . . . . . . . . 1(2)(b)(xii) 1, 2nd sentence B(m) . . . . . . . . . . . . . . . . . . . . . 1(2)(b)(xiii) 1, 2nd sentence B(n) . . . . . . . . . . . . . . . . . . . . . 1(2)(b)(xiv) 2, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . 2(1) 2, 1st sentence A . . . . . . . . . . . . . . . . . . . . . . . . . 2(1)(a) 2, 1st sentence A(a) . . . . . . . . . . . . . . . . . . . . . . 2(1)(a)(i) 2, 1st sentence A(b) . . . . . . . . . . . . . . . . . . . . . . 2(1)(a)(ii) 2, 1st sentence A(c) . . . . . . . . . . . . . . . . . . . . . . 2(1)(a)(iii) 2, 1st sentence A(d) . . . . . . . . . . . . . . . . . . . . . . 2(1)(a)(iv) 2, 1st sentence A(e) . . . . . . . . . . . . . . . . . . . . . . 2(1)(a)(v) 2, 1st sentence A(f) . . . . . . . . . . . . . . . . . . . . . . 2(1)(a)(vi) 2, 1st sentence A(g) . . . . . . . . . . . . . . . . . . . . . . 2(1)(a)(vii) 2, 1st sentence B . . . . . . . . . . . . . . . . . . . . . . . . . 2(1)(b) 2, 1st sentence B(a) . . . . . . . . . . . . . . . . . . . . . . 2(1)(b)(i) 2, 1st sentence B(b) . . . . . . . . . . . . . . . . . . . . . . 2(1)(b)(ii) 2, 1st sentence B(c) . . . . . . . . . . . . . . . . . . . . . . 2(1)(b)(iii) 2, 1st sentence B(d) . . . . . . . . . . . . . . . . . . . . . . 2(1)(b)(iv) 2, 1st sentence B(e) . . . . . . . . . . . . . . . . . . . . . . 2(1)(b)(v) © State of Queensland 1996