Nursing Homes
(General Provisions) (Jersey) Order 1995[1]
1 Interpretation
In this
Order, unless the context otherwise requires –
“child” means
a patient under the age of 20 years;
“class 3B laser
product” and “class 4 laser product” have the meanings
assigned to them in Part I of British Standard 4803:83 (Radiation safety
of laser products and systems) as effective on 31st March 1983;
“fire authority”
means the States of Jersey Fire and Rescue Service;
“home” means a
nursing home;
“Law” means
the Nursing and
Residential Homes (Jersey) Law 1994;
“patient”
means a patient in a home;
“person registered”
means any person registered in respect of the home;
“specially
controlled technique” means a technique specified in Article 11.[2]
2 Application
for registration
(1) An
application for registration under Article 4 of the Law shall
be –
(a) in the form set out in Part 1 of Schedule 1;
and
(b) accompanied by the information mentioned in Part 2
of Schedule 1.
(2) An
applicant for registration shall, if the Commission so requires, supply to the Commission
such documentary evidence as is specified by the Commission as being necessary
to substantiate the information supplied under Part 2 of Schedule 1.[3]
3 Registration
fee[4]
The registration fee to
accompany an application for registration under Article 4 of the Law shall
be –
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(a)
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in the case of an application in
respect of the person who is or is intended to be in charge of the premises
who is not the person carrying on the home
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£297.18
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(b)
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in the case of an application in
respect of the person carrying on the home
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£843.39
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4 Annual
fee
(1) Subject
to paragraph (3) a person registered in respect of a home as being the person
carrying on the home shall pay an annual fee of £429.11.[5]
(2) The
annual fee shall be paid within one month of the date on which the certificate
of registration is issued and thereafter not later than 31st January in each
year.
(3) Where
a certificate of registration is issued on or after 1st July in any year the
annual fee for that year shall be one half of that prescribed in paragraph (1).
5 Replacement
of certificate of registration
Where the person
registered satisfies the Commission that his or her certificate of registration
has been accidentally lost, destroyed or defaced, the Commission may upon
payment of a fee of £20 issue a new certificate in place thereof.[6]
6 Records
(1) The
person registered shall keep a record in the form of a register of all
patients, which register shall, in respect of each patient, and as from the
date when the patient enters the home, include the particulars specified in Part 1
of Schedule 2 and, in the case of a maternity home, the additional
particulars specified in Part 2 of that Schedule.
(2) The
person registered shall keep a separate record in the form of a register
of –
(a) all surgical operations performed in the
home which register shall include the name of the registered medical
practitioner or registered dentist who performed the operation and the name of
the anaesthetist in attendance;
(b) any occasion on which a specially controlled
technique is used, the nature of that technique and the name of the person
using it.[7]
(3) Any
record in the form of a register kept under paragraph (1) or (2) shall be
retained for a period of not less than one year beginning with the date on
which the last entry was made in the register.
(4) The
person registered shall keep a case record in the home in respect of each
patient which shall include the following particulars –
(a) an adequate daily statement of the
patient’s health and condition; and
(b) details of any investigations made, surgical
operations carried out and treatment given.
(5) In
the case of a maternity home, in addition to the register and case records kept
under paragraphs (1), (2) and (4), the person registered shall keep a case
record of each child born to a patient in the home which shall include the
particulars specified in Part 3 of Schedule 2.
(6) The
case records kept under paragraphs (4) and (5) shall be retained for a
period of not less than one year beginning with the date on which the patient
to whom, or to whose child, they relate ceases to be a patient in the home.
(7) The
person registered shall keep a record of the staff employed at the home which
shall include the name, date of birth and details of position and dates of
employment at the home of each member of staff and, in respect of the nursing
staff, details of their qualifications.
(8) The
person registered shall keep a record of –
(a) all fire practices which take place at the
home;
(b) all fire alarm tests carried out at the home
together with the result of any such test and the action taken to remedy
defects; and
(c) the procedure to be followed in the event of
fire.
(9) The
person registered shall keep a record of maintenance carried out on medical,
surgical and nursing equipment in the home.
(10) [8]
7 Register[9]
(1) The
register kept by the Commission for the purposes of the Law shall contain the
particulars specified in Schedule 3.[10]
(2) The
fee for copying an entry in a register kept by the Commission shall be £5
per page.[11]
8 Notices
in respect of deaths
(1) If
a patient, or a child born to a patient, dies in the home, the person registered
shall give notice in writing of the death to the Commission not later than
24 hours after it occurs.[12]
(2) For
the purposes of paragraph (1) no account shall be taken of any part of a
period of 24 hours which falls on a Saturday, Sunday, Christmas Day, Good
Friday or a day appointed as a public holiday under the Public Holidays and Bank
Holidays (Jersey) Law 1951.
9 Notice
of absence
(1) Subject
to paragraph (5), where the person carrying on the home or, as the case
may be, the person in charge of it proposes to be absent from the home for a
period of 4 weeks or more the person carrying on the home shall give
notice in writing to the Commission of the proposed absence.[13]
(2) Except
in the case of an emergency, the notice referred to in paragraph (1) above
shall be given no later than one month before the proposed absence or within
such shorter period as may be agreed with the Commission and the notice shall
specify –
(a) the length or expected length of the
proposed absence;
(b) the reason for that absence;
(c) the arrangements which have been made for
the running of the home during that absence; and
(d) the name, address and qualifications of the person
who will be responsible for the home during that absence.[14]
(3) Where
the absence arises as a result of an emergency, the person carrying on the home
shall give notice of the absence within one week of its occurrence and the
notice shall specify the matters referred to in paragraph (2)(a) to (d).
(4) The
person carrying on the home shall notify the Commission in writing of his or
her return or, as the case may be, the return of the person in charge of the
home within one week of that return.[15]
(5) The
provisions of this Article shall not apply where it is not proposed to
accommodate any patient in the home during the absence of the person carrying
on or, as the case may be, in charge of the home.
10 Provision
of facilities and services
(1) The
person registered shall, having regard to the size of the home and the number,
age, sex and condition of residents –
(a) employ by day and by night suitably
qualified and competent professional, technical, ancillary and other staff in
numbers which are adequate to ensure the well being
of patients;[16]
(b) provide for each patient in the home
adequate accommodation and space, including, where appropriate, day-room
facilities;
(c) provide adequate furniture, bedding,
curtains and where necessary adequate screens and floor covering in rooms
occupied or used by patients;
(d) provide and maintain adequate medical,
surgical and nursing equipment and adequate treatment facilities;
(e) provide for the use of patients
adequate wash basins and baths supplying hot and cold water and adequate water
closets and sluicing facilities;
(f) provide adequate light, heating and
ventilation in all parts of the home occupied by or used by patients;
(g) keep all parts of the home occupied or used
by patients in good structural repair, clean and reasonably decorated;
(h) take adequate precautions against the risk
of fire, including the provision of adequate means of escape in the event of
fire and make adequate arrangements for detecting, containing and extinguishing
fires, for the giving of warnings and for the evacuation of all persons in the
home in the event of fire and for the maintenance of fire
fighting equipment;
(i) make adequate
arrangements to secure by means of fire drills and practices that the staff in
the home and, so far as practicable, patients know the procedure to be followed
in the case of fire including the procedure for saving life;
(j) provide adequate kitchen equipment,
crockery and cutlery and adequate facilities for the preparation and storage of
food;
(k) supply adequate food for every patient;
(l) arrange adequate laundering
facilities;
(m) make adequate arrangements for the disposal of
swabs, soiled dressings, instruments and similar substances and materials;
(n) make adequate arrangements for patients in
the home where necessary to receive medical and dental services;
(o) make adequate arrangements for the
recording, safe keeping, handling and disposal of drugs;
(p) provide adequate arrangements for the
prevention of infection, toxic conditions, or spread of infection at the home;
(q) make adequate arrangements where appropriate
for the training or occupation and recreation of patients and play and
education facilities for children;
(r) provide adequate facilities for
patients to receive visitors in private;
(s) take adequate precautions against the risk
of accident; and
(t) provide adequate facilities for any person
authorized by the Commission to interview in private any patient in the home.[17]
(2) The
person registered shall –
(a) provide for the home to be connected to a
public telephone service;
(b) where the home is a maternity home or a home
in which surgical operations are undertaken or life support systems used,
provide such electrical supply as during interruption of public supply is
needed to safeguard the lives of the patients;
(c) at such times as may be agreed with the fire
authority, consult that authority on fire precautions in the home;
(d) make adequate arrangements either with the Commission
or otherwise for the care of patients, and children born to patients, in
medical emergencies; and
(e) make adequate arrangements for the running
of the home while he or she, or if he or she is not in charge of the home, the person
who is in charge of it is absent from the home.[18]
11 Specially
controlled techniques[19]
Any technique of medicine
or surgery (including cosmetic surgery) involving the use of a class 3B
laser product or a class 4 laser product (being a technique of medicine or
surgery as to which the Commission is satisfied that its use may create a
hazard for persons treated by means of it or for the staff of any premises
where the technique is used) is specified as subject to control for the
purposes of the Law.
12 [20]
13 Inspection
of homes
(1) Subject
to paragraph (2), a person authorized by the Commission to carry out an
inspection pursuant to Article 19 of the Law may require the person
registered to furnish such information in relation to the home as may
reasonably be required for the purposes of the inspection.[21]
(2) Nothing
in this Article shall authorize any person other than a registered medical
practitioner in the service of the States to inspect any clinical record
relating to a patient in a home.
14 Frequency
of inspections
Inspection of the home
pursuant to Article 19 of the Law may be made on such occasions and at
such times as the Commission may decide, so however that every home shall be
inspected not less than once in every period of 12 months.[22]
15 Visits
by person carrying on the home
(1) Where
the person carrying on the home is not also the person in charge of the home he
or she shall at least once in every month visit the home or arrange for another
person to visit the home on his or her behalf and to report in writing to him
or her on the conduct of the home.
(2) Where
the person carrying on the home is a company, society, association or other
body or firm, the directors or other persons responsible for the management of
the body or the partners of the firm shall arrange for one or more of their
number to visit the home at least once in every month and to report in writing
to them on the conduct of the home.
16 Offences
(1) Any
person who fails without reasonable cause –
(a) to keep or retain any record which he or she
is required to keep or retain under Article 6 or Schedule 2;
(b) to give to the Commission any notice which
he or she is required to give under Article 8 or 9; or
(c) to furnish any information which he or she is
required to furnish under Article 13,
shall be guilty of an
offence against this Order.[23]
(2) Any
person who fails to comply with any provision of Article 10 shall be
guilty of an offence against this Order.
(3) Subject
to paragraph (4), proceedings shall not be brought against any person in
respect of any failure referred to in paragraph (1) or (2)
unless –
(a) the Commission has served on that person a
notice in writing specifying –
(i) the provision of
this Order with which that person, in its opinion, has failed or is failing to
comply,
(ii) the
respect in which, in its opinion, that person has failed or is failing to
comply with that provision,
(iii) the
action which, in its opinion, should be taken by that person so as to comply
with that provision, and
(iv) the
period within which such action should be taken; and
(b) the period referred to in sub-paragraph (a)(iv)
has expired.[24]
(4) The
provisions of this Article shall not apply where the Commission has applied for
an order under Article 11 of the Law or while such an order is in force.[25]
(5) Any
person who fails to comply with Article 12 shall be guilty of an offence
against this Order.
(6) Any
person guilty of an offence against this Order shall be liable to a fine of
level 3 on the standard scale.[26]
17 Form
and service of notices
Any notice which is
required under this Order to be given to any person shall be in writing and may
be served on him or her by delivering it personally to him or her or by post
and shall be deemed to be properly addressed to him or her if it is addressed
to him or her at the home.
18 Compliance
with Order
Where there is more than
one person registered in respect of a home, anything which is required under
the foregoing provisions of this Order to be done by the person registered in
respect of the home shall, if done by one of the persons so registered, not be
required to be done by any other person registered in respect of the home.
19 Citation
This Order may be cited
as the Nursing Homes (General Provisions) (Jersey) Order 1995.[27]
Schedule 1[28]
(Article 2(1)(a))
PART 1
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NURSING HOMES
(JERSEY) LAW 1994
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APPLICATION
FOR REGISTRATION OF NURSING HOME
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Name of applicant .......................................................................................
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Address
........................................................................................................
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......................................................................................................................
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......................................................................................................................
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Telephone Number ......................................................................................
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The applicant is –
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[Tick
appropriate box]
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(a)
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the person carrying on or
intending to carry on the home;
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(b)
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the person in charge or intended
to be in charge of the home; or
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(c)
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both (a) and (b).
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Type of home
..............................................................................................
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Name of home
.............................................................................................
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Address
........................................................................................................
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......................................................................................................................
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......................................................................................................................
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Telephone number
.......................................................................................
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Form of construction of home .....................................................................
......................................................................................................................
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Date on which home was
established
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or is to be established ..................................................................................
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Signature of applicant
..................................................................................
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PART
2
(Article 2(1)(b))
INFORMATION TO BE SUPPLIED
ON AN APPLICATION FOR REGISTRATION
1 Where
the application for registration is made by the person who is or is intended to
be in charge of the home and he or she is not the person carrying on the home
he or she shall supply in writing to the Commission the following information –
(a) details of his or her professional or
technical qualifications and experience (if any) of running a home;
(b) the names and addresses of his or her
previous employers and of 2 referees; and
(c) if the Commission so requests, a report by a
registered medical practitioner on the state of the applicant’s health.
2 Where
the application for registration is made by the person carrying on the
home –
(a) that person shall, in a case other than one
specified in sub-paragraph (b), supply to the Commission the following
information –
(i) details of his or
her professional or technical qualifications and experience (if any) of running
a home,
(ii) the
names and addresses of his or her previous employers and of 2 referees, and
(iii) if
the Commission so requests, a report by a registered medical practitioner on
the state of the applicant’s health;
(b) that person shall, in the case of a company,
society, association or other body or firm supply to the Commission the
following information –
(i) the address of
the registered office or principal office of the body or firm and the full
names, dates of birth and addresses of the chairman and secretary of the
company, or other persons responsible for the management of the body or the
partners of the firm, and
(ii) if
the Commission so requests, details of their professional or technical
qualifications and experience (if any) of running a home.
3 An
applicant for registration shall supply –
(a) in the case of an individual, details with
respect to his or her criminal convictions (if any); and
(b) in the case of a company, society,
association or other body or firm, details with respect to the criminal
convictions (if any) of every director or other officer of the company, or of
the persons responsible for the management of the body or of the partners of
the firm.
4 An
applicant to whom paragraph 2 applies shall also supply to the Commission
the following information –
(a) the address of any
other home or any regulated activity (within the meaning of Article 2 of the
Regulation of Care (Jersey) Law 2014) in which the applicant has or had a business
interest and the nature and extent of his or her interest;
(b) the
accommodation available, and the equipment and facilities provided or to be
provided in the home;
(c) whether
any other business is or will be carried on in the same premises as the home,
whether the premises or any part of the premises are or have been registered as
a residential care home and whether the applicant proposes to register the
premises as a residential care home;
(d) the
number of patients for whom the home is proposed to be used distinguishing
between different categories of patients and indicating the age-range of
patients in each category;
(e) the
full names, ages, qualifications and experience of persons employed or proposed
to be employed in the management of the home and whether they are or will be
resident in the home;
(f) the
arrangements for the management and control of the home;
(g) the
full names and qualifications of any resident or non-resident employed medical
practitioners;
(h) the
full names and (where appropriate) qualifications and grades of the nursing and
other professional, technical, administrative and ancillary staff (other than
staff included under sub-paragraph (g)) employed or proposed to be
employed in the home distinguishing between resident and non-resident staff;
(i) the
number of hours in each week which the staff referred to in sub-paragraphs (g)
and (h) are or are to be required to work;
(j) the
details of arrangements made or proposed to be made in pursuance of any of the
matters mentioned in Article 10;
(k) the
arrangements made for the supply of blood and blood products; and
(l) the
arrangements made for the provision of pathology and radiology services.
Schedule 2
(Article 6)
RECORDS
PART 1
PARTICULARS TO BE INCLUDED IN THE REGISTER OF PATIENTS
1 The
name, address, date of birth and marital status of each patient.
2 The
name, address and telephone number, if any, of the patient’s next of kin
or any person authorized by the patient to act on the patient’s behalf.
3 The
name, address and telephone number of the patient’s medical practitioner.
4 Where
the patient is a child, the name and address of the school which he or she
attends or attended before entering the home.
5 The
name, address and telephone number of the person required to supervise the
welfare of the patient.
6 The
name and address of any authority, organisation or body which arranged the
patient’s admission to the home.
7 The
date on which the patient entered the home.
8 If
the patient has left the home, the date on which he or she left it.
9 If
the patient is transferred to a hospital, the date of and reasons for the
transfer and the name of the hospital to which the patient is transferred.
10 If the patient
died in the home, the date, time and cause of death.
PART 2
ADDITIONAL PARTICULARS TO BE INCLUDED IN THE REGISTER OF PATIENTS IN
A MATERNITY HOME
1 The
date and time of delivery of each patient, the number of children then born to
the patient, their sex and whether born alive or dead.
2 The
name and qualifications of the person who delivered the patient.
3 The date
and the time of any miscarriage occurring in the home.
4 The
date on which any child born to a patient left the home.
5 If
any child born to a patient died in the home, the date and time of the death.
PART 3
Particulars to be included in the case record of a child born in a
maternity home
1 Details
of the weight and condition of the child at birth.
2 A
daily statement of the child’s health.
3 If
any paediatric examination is carried out involving any of the following
procedures –
(a) examination
for congenital abnormalities including congenital dislocation of the hip;
(b) measurement
of the circumference of the head of the child;
(c) measurement
of the length of the child;
(d) screening
for phenylketonuria,
details of each such examination.
Schedule 3[29]
(Article 7)
PARTICULARS TO BE RECORDED IN THE REGISTER KEPT BY THE Commission
1 The
full name and address of the person registered in respect of the home and,
where both the person carrying on the home and the person in charge of it are
registered in respect of it, their full names and addresses.
2 Where
the person registered is a company, society, association or other body or firm
the address of its registered office or principal office and the full names and
addresses of the directors, or other persons responsible for the management of
that body or the partners of the firm.
3 The
name, address and telephone number of the home.
4 The
name, address, date of birth and marital status of each patient.
5 The
date of registration and of the issue of the certificate of registration and,
where applicable, the date of any cancellation of registration.
6 The
details of any conditions imposed on registration and of any addition to those
conditions or variation thereof.