The Commencement Dates of the New Requirements

1. Fit and proper requirement for licence applicants and RCH operators is introduced
2. Proposal of a Responsible Person is required for application for licence/renewal of licence
3. The legal responsibilities of Responsible Persons, directors and partners etc are strengthened

1. High-care-level RCHs
   • The 1:20 manning ratio of care workers to residents is extended from the prevailing 8 hours daily to 10 hours
   • The 1:40 manning ratio of care workers to residents is extended from the prevailing 7 hours daily to 14 hours; the 1:60 manning ratio of care workers to residents is cancelled
2. Medium-care-level RCHs
   • At least one health worker on duty for every 60 residents for at least 6 hours unless there is a nurse on duty
   • The 1:40 manning ratio of ancillary workers^Note to residents for 11 hours daily increases to 1:30
   • At least one staff member on duty and another staff member on site from 6p.m. on a day to 7a.m. on the next day for residential care homes for persons with disabilities (RCHDs)
      

(Note: An ancillary worker means any person, other than a care worker, health worker or nurse, employed by an operator whose duties include those of a cook, domestic servant, driver, gardener, watchman, welfare worker or clerk)
 

1. New^Note high-care-level RCHs
   • The minimum area of floor space per resident increases to 9.5m² 
2. New^Note medium-care-level and low-care-level RCHs
   • The minimum area of floor space per resident increases to 8m²
      

(Note: RCHs make a licence application on or after 16 June 2024)

1. Registration system, renewal mechanism and reporting requirements are introduced for home managers

1. Renewal mechanism is established for health workers 
2. Validity period of registration/renewal and reporting requirements are introduced for health workers

1. RCHs shall have proper storage of drugs. Medicine prescribed by a registered medical practitioner, a registered Chinese medicine practitioner or a listed Chinese medicine practitioner for residents of RCHs may only be administered to the residents in accordance with the prescription 
2. The use of restraint should be the least restrictive, safe and appropriate. Consent from the persons concerned shall be obtained as stipulated in the Code of Practice
3. Adequate facilities or measures must be provided or taken to protect the dignity and privacy of the resident when a personal care service is provided to, or a nursing care procedure is performed on, a resident in RCHs

Increasing the penalties for certain offences

The penalties for the following offences are increased:

1. Operating an RCH without a licence 
2. Contravening the requirements of staffing requirements, maintenance of records, provision of plans, provision of details of fees and ensuring advertisement contains certain information by RCH operators
3. Contravening the requirements of submission of staff list, maintenance of records, provision of information and report of scheduled infectious disease by home managers
4. obstructing inspection of premises by a member of the Fire Services Department

Abolishing the certificate of exemption regime for RCHEs

1. The certificate of exemption regime for RCHEs is abolished in the Residential Care Homes (Elderly Persons) Ordinance