Protection for Persons in Care (Adult Abuse Registry) Regulation

Protection for Persons in Care (Adult Abuse Registry) Regulation, M.R. 21/2013 The Protection for Persons in Care Act , C.C.S.M. c. P144 Regulation 21/2013 Registered March 5, 2013 bilingual version (HTML) Table of Contents Section 1 Definition 2 Report to employer re abuse or neglect 3 Criteria and extenuating circumstance under subsection 8.2(1) of Act 4 Contents of minister's report 5 Coming into force Definition 1 In this regulation, "Act" means The Protection for Persons in Care Act . REPORT TO EMPLOYER RE ABUSE OR NEGLECT Report to employer re abuse or neglect 2 For the purpose of section 8.1 of the Act, in addition to reporting the name of the person who abused or neglected a patient, the minister must also report the following particulars of the abuse or neglect: (a) the nature and details of the abuse or neglect; (b) the time frame within which the abuse or neglect occurred; (c) the relationship of the person who the minister believes abused or neglected the patient to the patient. REPORT TO ADULT ABUSE REGISTRY COMMITTEE Criteria and extenuating circumstance under subsection 8.2(1) of Act 3(1) This section (a) describes the criteria when and extenuating circumstances in which the use of physical force is not considered to be reportable for the purpose of subsection 8.2(1) of the Act; and (b) applies to an act or omission in an interaction between a patient and another person, including a service provider. 3(2) The interaction is not considered reportable when (a) the person acted reasonably (i) to stop or prevent the aggressive or self-injurious behaviour of a patient so as to avoid harm to the patient, the person or others, (ii) in an urgent circumstance, to preserve the life or safety of a patient, or (iii) in accordance with the standards of practice and practice directions of their regulatory body, if the person is a member of a regulated health profession; and (b) if the person is a service provider, the person acted (i) within the scope of their duties, and (ii) in a manner that was consistent with their training. 3(3) Despite clause (2)⁠(a), the interaction is considered reportable when the person uses physical force in an effort to address or control behaviour of a patient when the patient's behaviour is not harmful to the patient, the person or others. 3(4) The interaction is not considered reportable when the person commits or omits an act that results in a patient experiencing pain, discomfort or injury, physical or psychological harm or a significant loss to their property if the act or omission is (a) accidental but not reckless; and (b) not part of a pattern of behaviour demonstrated by the person that has resulted in a patient experiencing what may otherwise be considered abuse or neglect. In addition, a person who is a service provider must be acting within their scope of duties. 3(5) When the interaction involves a service provider, the interaction is not considered to be reportable if the minister is satisfied that a substantial contributing factor to the service provider's act or omission is the failure of the provider's employer to ensure that (a) the provider is appropriately trained and supervised to carry out their duties; or (b) adequate levels of physical or human resources are available to maintain a reasonable level of safety for the patient. In addition, the minister must be satisfied that the service provider's decision to commit or omit the act was reasonable at the time. 3(6) The minister must provide a report to the adult abuse registry committee under subsection 8.2(1) of the Act if the minister believes a person has abused or neglected a patient, and also believes that (a) for the purpose of clause 8.2(1)⁠(b) of the Act, the person is (i) employable, or may become employable, or (ii) able to do volunteer work, or may be able to do volunteer work; and (b) the abuse or neglect did not occur because the high behavioural support needs of the patient were not adequately addressed by the service provider or the provider's employer. 3(7) In this section, a person is considered to be a member of a regulated health profession if they are regulated under The Regulated Health Professions Act or an Act or part of an Act set out in Schedule 2 of that Act. M.R. 158/2023 Contents of minister's report 4 The minister's report to the adult abuse registry committee must include (a) the name of the patient who the minister believes was abused or neglected and the basis for the minister's belief that this person was a patient at the relevant time; (b) the name of the person who the minister believes abused or neglected the patient; (c) if available, the following information about the person believed to be responsible for the abuse or neglect: (i) address, (ii) gender, (iii) any other names, including maiden name, (iv) driver's licence number and jurisdiction, (v) occupation; (d) in addition to the information set out in clause (c), if necessary to correctly identify the person believed to be responsible for the abuse or neglect, the person's social insurance number and personal health identification number; (e) the law enforcement incident number, if any; (f) the following particulars of the abuse or neglect: (i) the nature and details of the abuse or neglect, (ii) the time frame within which the abuse or neglect occurred, (iii) the relationship of the person who the minister believes abused or neglected the patient to the patient; (g) details concerning the patient's physical and emotional condition, including any relevant medical or psychological reports; (h) details as to the action taken in response to the incident, including (i) any referral for a medical examination, and (ii) the involvement of law enforcement officers; and (i) any other information to enable the adult abuse registry committee to carry out its responsibilities under The Adult Abuse Registry Act . Coming into force 5 This regulation comes into force on the same day that The Protection for Persons in Care Amendment Act , S.M. 2012, c. 16, comes into force.