24-hour nursing care — exceptions
 49. (1) The following are the exceptions to the requirement that at least one registered nurse who is both an employee of the licensee and a member of the regular nursing staff of the home is on duty and present in the home at all times, as required under subsection 11 (3) of the Act: 1.  For homes with a licensed bed capacity of 64 beds or fewer, i.  a registered nurse who works at the home pursuant to a contract or agreement between the nurse and the licensee and who is a member of the regular nursing staff may be used, ii.  in the case of an emergency where the back-up plan referred to in clause 35 (3) (d) of this Regulation fails to ensure that the requirement under subsection 11 (3) of the Act is met, A.  a registered nurse who works at the home pursuant to a contract or agreement between the licensee and an employment agency or other third party may be used if the Director of Nursing and Personal Care or a registered nurse who is both an employee of the licensee and a member of the regular nursing staff is available by telephone, or B.  a registered practical nurse who is a member of the regular nursing staff may be used if the Director of Nursing and Personal Care or a registered nurse who is both an employee of the licensee and a member of the regular nursing staff is available by telephone. 2.  For homes with a licensed bed capacity of more than 64 beds and fewer than 129 beds, i.  in the case of a planned or extended leave of absence of an employee of the licensee who is a registered nurse and a member of the regular nursing staff, a registered nurse who works at the home pursuant to a contract or agreement with the licensee and who is a member of the regular nursing staff may be used, ii.  in the case of an emergency where the back-up plan referred to in clause 35 (3) (d) of this Regulation fails to ensure that the requirement under subsection 11 (3) of the Act is met, a registered nurse who works at the home pursuant to a contract or agreement between the licensee and an employment agency or other third party may be used if, A.  the Director of Nursing and Personal Care or a registered nurse who is both an employee of the licensee and a member of the regular nursing staff is available by telephone, and B.  a registered practical nurse who is both an employee of the licensee and a member of the regular nursing staff is on duty and present in the home. 3.  For all homes, in the case of a pandemic that prevents a registered nurse from getting to the home, and where the back-up plan referred to in clause 35 (3) (d) of this Regulation fails to ensure that the requirement under subsection 11 (3) of the Act is met, i.  a registered nurse who works at the home pursuant to a contract or agreement with the licensee or who works at the home pursuant to a contract or agreement between the licensee and an employment agency or other third party may be used, ii.  a registered practical nurse who is an employee of the licensee or who works at the home pursuant to a contract or agreement with the licensee or who works at the home pursuant to a contract or agreement between the licensee and an employment agency or other third party may be used if the Director of Nursing and Personal Care or a registered nurse is available for consultation, or iii.  a member of a regulated health profession, or an out of province nurse or out of province physician, who is a staff member of the home and who has a set of skills that, in the reasonable opinion of the licensee, would allow them to provide care to a resident, may be used if the Director of Nursing and Personal Care or a registered nurse is available for consultation. O. Reg. 246/22, s. 49 (1); O. Reg. 202/23, s. 3. (2) In this section, “emergency” means an unforeseen situation of a serious nature that prevents a registered nurse from getting to the long-term care home. O. Reg. 246/22, s. 49 (2).