2. (1) The fundamental principle to be applied
in the interpretation of this Act, the regulations and a service
agreement between the Crown in right of Ontario and a Licensee is
that a Nursing Home is primarily the home of its residents and as
such it is to be operated in such a way that the physical, psychological,
social, cultural and spiritual needs of each its residents are adequately
met and that its residents are given the opportunity to contribute,
in accordance with their ability, to the physical, psychological,
social, cultural and spiritual needs of others.
2. (2) Every license shall ensure
that the following rights of residents are fully respected and promoted:
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1. Every resident has the right
To be treated with courtesy and respect and in a way that fully
recognizes the resident’s dignity and individuality and to
be free from mental and physical abuse.
2. Every resident has the right
To be properly sheltered, fed, clothed, groomed and cared for in
a manner consistent with his or her needs.
3. Every resident has the right
To be told who is responsible for and who is providing the resident’s
direct care.
4. Every resident has the right
To be afforded privacy treatment and in caring for his or her personal
needs.
5. Every resident has the right
To keep in his or room and display personal possessions, pictures
and furnishings in keeping with safety requirements and other residents’
rights.
6. Every resident has the right
a) To be informed of his or medical condition, treatment and proposed
course of treatment,
b) To give or refuse consent to treatment, including medication,
in accordance with
the law and to be informed of the consequences of giving or refusing
consent,
c) To have the opportunity to participate fully in making any decision
and obtaining
an independent medical opinion concerning any aspects of his or
her care, including any decision concerning his/her admission, discharge
or transfer to or from a nursing home, and
d) To have his/her medical records kept confidential in accordance
with the law.
7. Every resident has the right
To receive reactivation and assistance toward independence consistent
with his/her requirements.
8. Every resident
Who is being considered for restraints has the right to be fully
informed about the procedures and the consequences of receiving
or refusing them.
9. Every resident has the right
To communicate in confidence, to receive visitors of his or her
choice and to consult with any person without interference.
10. Every resident has the right
Whose death is likely to be imminent has the right to have members
of the right to have members of the resident’s family present
twenty-four hours per day.
11. Every resident has the right
To designate a person to receive information concerning any transfer
or emergency hospitalization of the resident and where a person
is so designated to have that person so informed forthwith.
12. Every resident has the right
To exercise the rights of a citizen and to raise concerns or recommended
changes in policies and services on behalf of himself or herself
or others person inside or outside the nursing home, without fear
of restraint, interference, coercion, discrimination or reprisal.
13. Every resident has the right
To form friendships, to enjoy relationships and to participate in
the residents’ council.
14. Every resident has the right
To meet privately with his/her spouse in a room that assures privacy
and where both spouses are residents in the same nursing home, they
have a right to share a room according to their wishes, if an appropriate
room is available.
15. Every resident has the right
To pursue social, cultural, religious and other interests, to develop
his/her potential and to be given reasonable provisions by the nursing
home to accommodate these pursuits.
16. Every resident has the right
To be informed in writing of any law, rule or policy affecting the
operation of the nursing home and of the procedures for initiating
complaints.
17. Every resident has the right
To manage his/her own financial affairs where the residents is able
to do so, and where the resident’s financial affairs are managed
by the nursing home, to receive a quarterly accounting of any transactions
undertaken on his or her behalf and to be assured that the resident’s
property is managed solely on the residents behalf.
18. Every resident has the right
To live in a safe and clean environment.
19. Every resident has the right
To be given access to protect areas outside the nursing home in
order to enjoy outdoor activity, unless the physical setting makes
this possible.
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2. (3) Without restricting the
generality of subsection (1), this Act, the regulations and service
agreement relating to a nursing home are not to be interpreted so
as to advance the objective that the residents rights set out in
subsection (2) be respected.
2. (4) a License of a nursing
home shall be deemed to have entered into a contract with each residents
of the home, agreeing to respect and promote the rights of the residents
set out in subsection (2)
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