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[接上页] (a) qualified; (b) competent; and (c) fit and proper,to be registered as a health worker. (Enacted 1995) Cap 459A s 7 Director to serve notice of decision on applicant (1) Where the Director registers or refuses to register a person as a health worker under section 6, he shall forthwith serve notice in writing of his decision on that person. (2) Where the Director refuses to register a person as a health worker the notice referred to in subsection (1) shall include- (a) an adequate statement of the reasons for his refusal; and (b) an endorsement setting out the relevant provisions of section 10. (Enacted 1995) Cap 459A s 8 Cancellation of registration The Director may cancel the registration of a person registered as a health worker under section 6(2) if- (a) he is of the opinion that registration was obtained by fraudulent means; or (b) he ceases to be satisfied of any matter in respect of which he is required to be satisfied under section 6(3). (Enacted 1995) Cap 459A s 9 Notice of cancellation of registration (1) Where the Director cancels registration under section 8, he shall forthwith serve notice in writing of his decision on- (a) the person whose registration is cancelled; and (b) the operator of the residential care home where that person is employed.(2) Every notice referred to in subsection (1) shall include- (a) an adequate statement of the reasons for cancelling the registration; and (b) an endorsement setting out the relevant provisions of section 10. (Enacted 1995) Cap 459A s 10 Appeals to Secretary for Health, Welfare and Food (1) A person- (a) whom the Director refuses to register under section 6; or (b) whose registration is cancelled under section 8,may, by notice in writing which states the grounds of appeal and is delivered to the Director within 21 days of being notified by him of any such decision, appeal to the Secretary for Health, Welfare and Food. (L.N. 106 of 2002) (2) A decision that is appealed against under subsection (1) shall not have effect pending the determination of the appeal by the Secretary for Health, Welfare and Food. (L.N. 106 of 2002) (3) The Secretary for Health, Welfare and Food when considering any appeal against a decision of the Director- (L.N. 106 of 2002) (a) shall give the person appealing against the decision an opportunity of being heard; and (b) may confirm or reverse the decision.(4) On the confirmation or reversal of a decision under subsection (3)(b), the Director shall forthwith serve notice in writing thereof on- (a) the person who appealed against the decision; and (b) the operator of the residential care home where that person is employed. (Enacted 1995) Cap 459A s 11 Employment of staff by operator PART IV DUTIES OF OPERATOR (1) The operator of a residential care home shall, according to the particular type of residential care home, employ a person as- (a) a home manager; (b) an ancillary worker; (c) a care worker; (d) a health worker; and (e) a nurse,in the manner indicated in Schedule 1. (2) An operator shall not employ any person as- (a) a home manager for any purpose other than employment as a home manager; (b) an ancillary worker for any purpose other than employment as an ancillary worker; (c) a care worker for any purpose other than employment as a care worker; (d) a health worker- (i) unless that person is registered under section 6; and (ii) for any purpose other than employment as a health worker; or(e) a nurse- (i) unless that person is a registered nurse or an enrolled nurse within the meaning of the Nurses Registration Ordinance (Cap 164); and (ii) for any purpose other than employment as a nurse.(3) An operator shall inform the Director, in writing within 14 days, of any change in the employment of a home manager under subsection (1)(a). (Enacted 1995) Cap 459A s 12 Maintenance of records by operator An operator shall maintain a record of the name, address and particulars of identity of every person employed in a residential care home. (Enacted 1995) Cap 459A s 13 Furnishing of plans by operator (1) The Director may by notice in writing served on an operator, require the operator to furnish him with a plan or diagram, with dimensions of the residential care home premises before the expiry of such time being not less than 14 days as shall be indicated in the notice. (2) An operator on whom a notice is served under subsection (1) shall, before the expiry of the time indicated in the notice, furnish the plan or diagram required by the Director. (Enacted 1995) Cap 459A s 14 Furnishing of details of fees by operator (1) The Director may by notice in writing served on an operator, require the operator to furnish him with details of any fees or charges payable by residents for the purposes of care at the residential care home, before the expiry of such time being not less than 14 days as shall be indicated in the notice. (2) An operator on whom a notice is served under subsection (1) shall, before the expiry of the time indicated in the notice, furnish the details of the fees and charges required by the Director. |