Boarding Out Regulations, 1993.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Boarding Out Regulations, 1993.
2 Commencement.
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paragraphs: These Regulations shall come into operation on the first day of September, 1993.
3 Interpretation.
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paragraphs: In these Regulations:—
"the Act" means the Health (Nursing Homes) Act, 1990 (No. 23 of 1990),
"designated officer" means an officer of a health board designated by the chief executive officer or the deputy chief executive officer to carry out functions under these Regulations,
"dwelling" means the house where the person is boarded out,
"health board" in relation to a dwelling means a health board within the meaning of the Health Act, 1970 (No. 1 of 1970 ) in whose functional area the dwelling is situated,
"the householder" means the person with whom the health board has made an arrangement for the boarding out of a person,
"medical practitioner" means a person registered in the general register of medical practitioners established under Section 26 of the Medical Practitioners Act, 1978 (No. 4 of 1978),
"The Minister" means the Minister for Health,
"person" means a person whose usual place of residence is in the functional area of the health board and who, in the opinion of the health board, would benefit from being boarded out and who consents to be so boarded out,
"record" means any record kept or retained in pursuance of article 14 of these Regulations including any book, card, form, tape, computerised record, film or notes,
"relative" means a spouse, parent, parent-in-law, stepfather, stepmother, child, stepchild, grandchild, brother, stepbrother, sister, stepsister, uncle, aunt, niece, nephew.
4 Proposed boarding out dwellings.
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paragraphs: (1) A health board shall satisfy itself that a proposed householder is a fit person and that a proposed dwelling is suitable for the person to be boarded out.
(2) Where it is proposed that a dwelling would be used for boarding out under these Regulations, the person who proposes to become the householder shall permit a designated officer to enter and inspect the dwelling and meet all persons normally resident in the dwelling and shall afford the said officer such facilities and information as required for this purpose.
5 Maintenance, Care and Welfare.
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paragraphs: The householder shall provide the following for a person boarded out in a dwelling:—
( a ) suitable and sufficient care having regard to the needs, welfare and well-being and reasonable wishes of the person being boarded out;
( b ) suitable, sufficient, nutritious and varied food, properly prepared, cooked and served;
( c ) adequate attendance by the householder having regard to the needs of the person being boarded out;
( d ) adequate attendance by another suitable person during any period of absence of the householder.
6 Privacy.
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paragraphs: The householder shall ensure that the privacy of the person being boarded out in the dwelling shall be respected.
7 Number to be Accommodated.
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paragraphs: (1) The maximum number of persons to be boarded out in the dwelling shall not exceed six persons and the maximum number of persons to be accommodated in shared rooms in the dwelling shall not exceed two persons.
(2) Where the householder enters into an arrangement with a health board to board out a person, the householder shall not maintain in the dwelling any other adult, excluding a relative, for whom a payment is made.
(3) Where prior to the coming into force of these Regulations, a boarding out arrangement existed between a health board and a householder and the number of persons so boarded out exceeded six persons, such an arrangement may continue to have effect.
8 Accommodation.
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paragraphs: The householder shall provide:—
( a ) suitable and sufficient single and shared bedrooms;
( b ) suitable and sufficient insulation, lighting and ventilation, including natural light and ventilation;
( c ) adequate heating in bedrooms and day rooms, occupied by the person being boarded out;
( d ) a sufficient supply of piped hot and cold water;
( e ) adequate internal toilet and bathroom facilities;
(f) adequate arrangements for the laundering of linen, clothes and other articles belonging to or used by the person being boarded out;
( g ) access to a telephone.
9 Cleanliness.
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paragraphs: The householder shall ensure that the dwelling is maintained:—
( a ) in a proper state of repair, and
( b ) in a clean and hygienic condition.
10 Safety.
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paragraphs: The householder shall ensure that:—
( a ) there is a safe floor covering;
( b ) precautions are taken against the risk of accidents to any person being boarded out in the dwelling;
( c ) a designated officer is informed of any accident, including any fall involving the person being boarded out within forty-eight hours of the event.
11 Personal Possessions.
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paragraphs: The householder shall ensure that:—
( a ) adequate space is provided for a reasonable number of personal possessions;
( b ) the personal belongings of the person being boarded out are kept in a safe place.
12 Visits.
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paragraphs: The householder shall encourage the person being boarded out to maintain contact with anyone of his or her choosing and shall enable the person to receive visitors in private at all reasonable times.
13 Records.
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paragraphs: (1) The householder shall keep in a safe place a record containing:—
( a ) the name, surname, address, date of birth, marital status and religious denomination of the person being boarded out;
( b ) the name, address and telephone number, if any, of the person's relative or other individual nominated to act on the person's behalf as the individual to be notified in the event of a change in the person's health or circumstances;
( c ) the name, address and telephone number of the person's medical practitioner;
( d ) the name, office address and telephone number of the designated officer to be contacted in the event of an emergency.
(2) A health board shall maintain a list of boarding out dwellings which shall be made available to members of the public.
14 Death of a person being boarded out.
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paragraphs: If a person being boarded out dies the householder shall:—
(a) notify immediately the individual nominated under article 13 ( b ) to act on behalf of the person being boarded out;
( b ) notify in writing a designated officer in whose functional area the person was boarded out of the death within forty-eight hours.
15 Inspections.
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paragraphs: (1) A designated officer shall inspect boarding out dwellings in the functional area of the health board not less than once in every period of six months.
(2) A householder shall permit a designated officer to enter and inspect the dwelling and shall afford the said officer such facilities and information as required for this purpose.
(3) The householder shall provide facilities for a designated officer to conduct interviews (including interviews in private) with persons (including any staff) in the dwelling, where the health board has reasonable cause to believe that a person in the dwelling is not receiving proper maintenance and care, or that due consideration for his or her welfare is not being given by the householder.
16 Complaints.
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paragraphs: (1) A person boarded out in a dwelling or an individual acting on his or her behalf may make a complaint to the chief executive officer or a designated officer of the health board.
(2) A complaint shall be made in writing, save as provided in article 16.3.
(3) A chief executive officer may cause a verbal complaint to be considered and investigated, where he or she is satisfied that it is not possible to make a written complaint and that the complainant is acting in good faith.
(4) A complaint may be made in relation to any matter concerning the dwelling or the maintenance, care and welfare of a person being boarded out.
(5) The chief executive officer shall cause a designated officer to consider and investigate any complaint made by or on behalf of a person boarded out.
(6) The chief executive officer shall cause a designated officer to inform the householder that a complaint about the dwelling is being investigated.
(7) Where a complaint is upheld by a chief executive officer following consideration and investigation, the chief executive officer may issue a direction to the householder of the dwelling concerned, requiring such householder to take specified action in relation to the matter complained of.
(8) A householder shall comply with a direction of a chief executive officer under this article.
(9) A chief executive officer, following consideration and examination of a complaint under this article shall inform the complainant of the outcome of the consideration and investigation.
17 Boarding Out Payments.
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paragraphs: (1) A health board may pay to the householder in respect of each person being boarded out in the dwelling a payment not exceeding half the weekly rate payable at the timne of the Old Age Non-Contributory Pension.
(2) The person being boarded out shall pay a sum to the householder as may be agreed by the health board, the householder and the person being boarded out.
18 Boarding Out arrangements outside a board's functional area.
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paragraphs: (1) Where a health board makes a boarding out arrangement with a householder from the list of boarding out dwellings outside its functional area, the board shall inform the health board in the functional area of which the dwelling is located, of the boarding out arrangement and of any changes to this arrangement.
(2) A health board that makes a boarding out arrangement under article 18 (1), shall agree with the health board in the functional area of which the dwelling is located, arrangements for the inspection of the dwelling and for the payment of the householder and for the consideration and investigation of any complaints.
19 Medication.
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paragraphs: The householder shall not administer medication prescribed for the person being boarded out, unless agreed in writing with the person's medical practitioner.
20 Termination of Placement.
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paragraphs: (1) A health board may terminate a boarding out arrangement with a house holder at any time, following consultation with the person being boarded out.
(2) A householder may terminate a boarding out arrangement with the health board, subject to giving the health board and the person boarded out twenty-eight days notice in writing of the proposed termination.
(3) A person being boarded out may terminate a boarding out arrangement, subject to giving the householder and the health board twenty-eight days notice in writing of the proposed termination.
(4) A boarding out arrangement may be terminated in an emergency situation by a householder or person being boarded out, without the notice required by articles 20 (2) and (3) being given, provided that the health board has been informed by the householder or person being boarded out prior to the termination of the boarding out arrangement.
21 Insurance.
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paragraphs: The householder shall ensure that persons boarded out are adequately insured against injury while resident in the dwelling.
22 Enforcement.
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paragraphs: These Regulations shall be enforced and executed in the functional area of each health board by the chief executive officer or deputy chief executive officer of that health board.
GIVEN under the Official Seal of the Minister for Health this 30th day of July, 1993.
BRENDAN HOWLIN,
Minister for Health.
EXPLANATORY NOTE.
These Regulations contain provisions to ensure that adequate and suitable maintenance, care, accommodation and food are provided for persons while they are being boarded out. The Regulations also provide for the regular inspection of boarding out dwellings. The Regulations apply to the boarding out of adults, excluding the boarding out of persons under the Mental Treatment Act, 1945 .