O. Reg. 399/15: GENERAL

Français

ontario regulation 399/15

made under the

Long-Term Care Homes Act, 2007

Made: December 9, 2015
Filed: December 11, 2015
Published on e-Laws: December 11, 2015
Printed in The Ontario Gazette: December 26, 2015

Amending O. Reg. 79/10

(GENERAL)

1. Section 47 of Ontario Regulation 79/10 is revoked and the following substituted:

Qualifications of personal support workers

47. (1) Every licensee of a long-term care home shall ensure that on and after January 1, 2016, every person hired by the licensee as a personal support worker or to provide personal support services, regardless of title,

(a) has successfully completed a personal support worker program that meets the requirements in subsection (2); and

(b) has provided the licensee with proof of graduation issued by the education provider.

(2) The personal support worker program,

(a) must meet,

(i) the Personal Support Worker Program Standard published by the Ministry of Training, Colleges and Universities dated July 2014, or

(ii) the Personal Support Worker Training Standard published by the Ministry of Training, Colleges and Universities dated October 2014; and

(b) must be a minimum of 600 hours in duration, counting both class time and practical experience time.

(3) Despite subsection (1), a licensee may hire as a personal support worker or to provide personal support services,

(a) a registered nurse or registered practical nurse,

(i) who, in the opinion of the Director of Nursing and Personal Care, has adequate skills and knowledge to perform the duties of a personal support worker, and

(ii) who has the appropriate current certificate of registration with the College of Nurses of Ontario;

(b) a person who was working or employed at a long-term care home as a personal support worker at any time in the 12-month period preceding July 1, 2011, if,

(i) the person was working as a personal support worker on a full-time basis for at least three years during the five years immediately before being hired, or

(ii) the person was working as personal support worker on a part-time basis for the equivalent of at least three full-time years during the seven years immediately before being hired;

(c) a person who is enrolled in an educational program for registered nurses or registered practical nurses and who, in the opinion of the Director of Nursing and Personal Care, has adequate skills and knowledge to perform the duties of a personal support worker;

(d) a person who is enrolled in a program described in subsection (2) and who is completing the practical experience requirements of the program, but such a person must work under the supervision of a member of the registered nursing staff and an instructor from the program;

(e) a person,

(i) who has a diploma or certificate granted in another jurisdiction resulting from a program that was a minimum of 600 hours in duration, counting both class time and practical experience time,

(ii) who has a set of skills that, in the reasonable opinion of the licensee, is equivalent to those that the licensee would expect of a person who has completed a program referred to in clause (2) (a), and

(iii) who has provided the licensee with proof of graduation issued by the education provider;

(f) a person who is enrolled in a program that is a minimum of 600 hours in duration, counting both class time and practical experience time, and meets,

(i) the vocational standards established by the Ministry of Training, Colleges and Universities,

(ii) the standards established by the National Association of Career Colleges, or

(iii) the standards established by the Ontario Community Support Association,

but such a person must work under the supervision of a member of the registered nursing staff and an instructor from the program; or

(g) a person who, by July 1, 2018, has successfully completed a personal support worker program that meets the requirements set out in clause (f), other than the requirement to work under supervision, and has provided the licensee with proof of graduation issued by the education provider.

(4) The licensee shall cease to employ as a personal support worker, or as someone who provides personal support services, regardless of title,

(a) a person who was required to be enrolled in a program described in clause (3) (c) or (d) if the person ceases to be enrolled in the program or fails to successfully complete the program within five years of being hired;

(b) a person who was required to be enrolled in a program described in clause (3) (f) if the person ceases to be enrolled in the program or fails to successfully complete the program by July 1, 2018; and

(c) a person who was required to be enrolled in a program described in clause (3) (c), (d) or (f) if the person fails to provide the licensee with proof of graduation from the program within 90 days of the graduation.

Commencement

2. This Regulation comes into force on the later of January 1, 2016 and the day it is filed.

 

Français