What does "shall" signify in regulations?

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In regulatory language, the term "shall" signifies a mandatory requirement that must be followed. This language is utilized to convey that compliance is not optional; rather, it establishes a binding obligation for individuals or entities to adhere to the stipulated rules or requirements. For instance, if a regulation states that a care facility “shall” provide specific documentation for each resident, it means that the facility is legally required to do so and failure to comply could result in penalties or other consequences.

Understanding the connotations of terms like "shall" is crucial for anyone working in or regulating care facilities, as this term clearly delineates the non-negotiable aspects of compliance that are essential for maintaining standards and ensuring the well-being of residents. In contrast, other terms that might suggest flexibility or allowance are not applicable here, establishing the unequivocal nature of the requirements established by the use of "shall."

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