S.I. No. 95/2012 - Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th March, 2012.

I, JAMES REILLY, Minister for Health, in exercise of the powers conferred on me by section 101 of the Health Act 2007 (No. 23 of 2007) hereby order as follows:

Citation

1. These Regulations may be cited as the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2012.

Commencement

2. These Regulations shall come into operation on 30 March 2012.

Amendment

3. In these Regulations the “Principal Regulations” means the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009 ( S.I. No. 236 of 2009 ) as amended by the Health Act 2007 (Care And Welfare of Residents in Designated Centres for Older People) (Amendment) Regulations 2010 ( S.I. No. 36 of 2010 ).

4. The Principal Regulations are amended by inserting the following after Regulation 15(2):

15. (2)(A) Notwithstanding Section 15(2), where a designated centre provides care only to those who have been assessed as not requiring full time nursing care, the person in charge is not required to be a nurse with the minimum of three years experience in the area of geriatric nursing within the previous six years, provided that the management arrangements of the designated centre ensure that the assessed care needs of the residents are at all times met. A designated centre must notify the Chief Inspector when it proposes to make management arrangements pursuant to this regulation.

5. The Principal Regulations are amended by inserting the following after Regulation 16(2):

16. (2)(A) Notwithstanding Section 16(2), where a designated centre provides care only to those who have been assessed as not requiring full time nursing care, the designated centre is not required to have an appropriately qualified nurse to be on duty and in charge of the designated centre at all times, provided the management arrangements of the designated centre ensure that the assessed care needs of the residents are at all times met. A designated centre must notify the Chief Inspector when it proposes to make management arrangements pursuant to this regulation.

GIVEN under my Official Seal,

28 March 2012.

JAMES REILLY,

Minister for Health.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend Sections 15 and 16 of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009.