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NEWFOUNDLAND AND LABRADOR
REGULATION 66/13

Registered Nurses Regulations
under the
Registered Nurses Act, 2008

Amended by:

29/14
72/15
58/16
65/17
50/19
21/20
24/23
38/23

NEWFOUNDLAND AND LABRADOR
REGULATION 66/13

Registered Nurses Regulations
under the
Registered Nurses Act, 2008

(Filed June 12, 2013)

Under the authority of sections 11 and 38 of the Registered Nurses Act, 2008, the Council of the Association of Registered Nurses of Newfoundland and Labrador , with the approval of the Minister of Health and Community Services, makes the following regulations.

Dated at St. John’s , June 12, 2013.

Catherine Stratton
President
Council of the Association of Registered Nurses
  of Newfoundland and Labrador

Susan Sullivan
Minister of Health and Community Services

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Registered Nurses Regulations .

66/13 s1

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Definitions

        2. In these regulations

             (a)  "Act" means the Registered Nurses Act, 2008 ;

         (a.1)  "employer sponsor" means

                      (i)  a regional health authority established under the Regional Health Authorities Act , or

                     (ii)  a person or body approved by the council or the executive director;

             (b)  "letter of good standing" means confirmation from a regulatory body in another jurisdiction that a person meets the professional and practice requirements of a registered nurse in that jurisdiction; and

             (c)  [Rep. by 50/19 s1]

66/13 s2; 50/19 s1; 24/23 s1; 38/23 s1

PART I
REGISTRATION

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Registration

        3. (1) A person applying to be registered as a registered nurse shall

             (a)  complete an application in the prescribed form;

             (b)  submit satisfactory proof of the successful completion of a nursing education program satisfactory to the council;

             (c)  submit satisfactory proof of the successful completion of a registered nurse examination approved by the council;

             (d)  submit identification documents, including photo identification, satisfactory to the council;

             (e)  demonstrate to the council in accordance with the standards approved by the council proficiency in the English language sufficient to enable the applicant to practise as a registered nurse in the province;

             (f)  submit a current Certificate of Conduct satisfactory to the council from the Royal Newfoundland Constabulary , Royal Canadian Mounted Police or other appropriate policing agency;

             (g)  submit a declaration stating that the person

                      (i)  has capacity and is fit to engage in the practice of nursing,

                     (ii)  has not been denied registration in another jurisdiction within the 5 year period prior to the date of application or the details regarding the denial of registration in another jurisdiction, and

                    (iii)  has never been convicted of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country or the details of the conviction;

             (h)  submit evidence satisfactory to the council that the person is of good character;

              (i)  provide written consent to allow the council to obtain confirmation or verification of the documentation and information submitted as part of the application; and

              (j)  provide other documentation requested by the council.

             (2)  In addition to the requirements in subsection (1), the council may require a person applying to be registered as a registered nurse whose nursing education was obtained in another jurisdiction to provide a letter of good standing from one or more of the jurisdictions where the person is currently, or was previously, registered or licensed.

             (3)  A person applying to be registered as a registered nurse whose nursing education was obtained outside Canada and who, at the time of application, is not registered or licensed in Canada shall, in addition to the other requirements in this section,

             (a)  submit a transcript from the educational institution where the person's nursing education was completed; and

             (b)  where required by the council, submit a professional reference satisfactory to the council.

             (4)  The documentation required in paragraph 3(a) shall be submitted to the council directly from

             (a)  the educational institution where the person's nursing education was completed; or

             (b)  an educational credential assessment service approved by the council.

             (5)  Notwithstanding subsections (2) and (3), a person applying to be registered to practise nursing may be registered in accordance with subsection (6) where all of the following apply:

             (a)  the person's nursing education was obtained outside Canada;

             (b)  at the time of application the person is not practising in Canada; and

             (c)  the person cannot provide evidence satisfactory to the council of the person's nursing education or registration from each jurisdiction where the person is currently, or was previously, registered or licensed.

             (6)  A person referred to in subsection (5) may be registered where the person

             (a)  satisfies all other registration requirements;

             (b)  successfully completes an assessment of the person’s nursing education and competencies; and

             (c)  where required by the council, successfully completes a program of nursing education prescribed by the council.

             (7)  The letter of good standing referred to in subsection (2) shall include

             (a)  confirmation that the person's registration or licence is not under review and has not been suspended or revoked; or

             (b)  details of

                      (i)  the conditions or restrictions on the registration or licence, or

                     (ii)  the review, suspension or revocation of the registration or licence.

66/13 s3; 65/17 s1; 24/23 s2; 38/23 s2

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Provisional registration

        4. (1) Where a person applying to be registered as a registered nurse is unable to

             (a)  submit satisfactory proof of the successful completion of the registered nurse examination approved by the council; or

             (b)  provide a professional reference, where required

the person may be registered in the provisional register.

             (2)  A person may be registered in the provisional register until the date specified in the certificate of provisional registration unless suspended or revoked earlier.

             (3)  Registration in the provisional register may be renewed but a person's name shall be removed from the provisional register where 36 months have elapsed from the date the person was entered in the provisional register.

             (4)  Where a person provides the documentation in subsection (1) and continues to meet the registration requirements of the Act and regulations the person’s name shall be removed from the provisional register and entered in the registered nurse's register.

66/13 s4; 58/16 s1; 24/23 s3

PART II
LICENSURE

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Registered nurse licence

        5. (1) A person may be granted a registered nurse licence where the person

             (a)  submits an application in the prescribed form;

             (b)  meets the requirements in subsection 14(2) of the Act; and

             (c)  provides proof that the person

                      (i)  successfully completed a nursing education program satisfactory to the council within the 36 month period immediately preceding the application for a licence,

                     (ii)  practised as a registered nurse for at least 1125 hours within the preceding 60 month period or 450 hours within the preceding 24 month period,

                    (iii)  completed an approved nursing re-entry program within the preceding 60 month period, or

                    (iv)  is enrolled and participating in a baccalaureate nursing education program or graduate or doctoral program in nursing or in a health-related discipline recognized by the council and at the date of admission to the program was eligible for a practicing licence.

             (2)  A licence issued under subsection (1) is valid until the date specified in the licence, unless suspended or revoked earlier, and may be renewed annually.

66/13 s5; 58/16 s2; 65/17 s2; 24/23 s4; 38/23 s3

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Emergency licence

      5.1 (1) Where the executive director or the council determines that there is an immediate need for nursing services due to an actual or potential threat to public safety, health or welfare or where the minister or the federal Minister of Health makes a request, the executive director may issue an emergency registration and licence.

             (2)  A person may be issued an emergency registration and licence for a period of time determined by the executive director or the council where the person

             (a)  provides proof satisfactory to the executive director or the council that the person

                      (i)  is licensed to practice nursing in another jurisdiction in Canada,

                     (ii)  has successfully completed a nursing education program satisfactory to the council in Canada within the past 12 months and has not failed a writing of the approved registered nurse examination, or

                    (iii)  was previously licensed to practice nursing in the province;

             (b)  provides proof satisfactory to the executive director or the council that the person’s licence has not been revoked, suspended or restricted or has conditions attached by reasons of disciplinary or other regulatory measures in another jurisdiction;

             (c)  provides proof of identification as required by the executive director or the council; and

             (d)  satisfies any other requirements as the executive director or the council may determine are necessary and practicable in the circumstances.

             (3)  An emergency licence issued under subsection (2) may be renewed as considered necessary by the executive director or council.

             (4)  The executive director or the council may impose terms, conditions or restrictions on an emergency licence issued under subsection (2).

             (5)  The executive director or the council may terminate an emergency licence issued under subsection (2) at any time.

21/20 s1; 24/23 s5; 38/23 s4

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Interim licence

        6. (1) A person may be granted an interim licence where the person is

             (a)  registered on the provisional register; or

             (b)  registered in accordance with section 3 and meets the requirements in paragraphs 5(1)(a) and (b) but does not meet the requirements in paragraph 5(1)(c).

      (2) Where a person who has not written the registered nurse examination is granted an interim licence the person shall write the exam within 4 months from the date of issuance of the interim licence or another time approved by the council.

         (2.1)  Where a person is granted an interim licence under paragraph 6(1)(b), the person shall

             (a)  practise as a registered nurse for at least 450 hours within the 24 month period following the date of issuance of the interim licence or another time approved by the council; and

             (b)  provide proof satisfactory to the council of an employer sponsor.

             (3)  An interim licence is valid from the date of issuance until the date specified in the licence unless suspended or revoked earlier.

             (4)  An interim licence may, with the approval of the council, be renewed for a maximum of 2 years from the date of issuance.

66/13 s6; 72/15 s1; 24/23 s6

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Exam failure-registered nurse

        7. (1) Where a person fails a first writing of the approved registered nurse examination the person’s interim licence shall be revoked but the person may remain registered on the provisional register and may be granted a further interim licence subject to the conditions and restrictions determined by the council.

             (2)  Where a person fails a second writing of the approved registered nurse examination the person’s interim licence granted under subsection (1) shall be revoked but the person may remain registered on the provisional register.

             (3)  Where a person has not successfully completed the approved registered nurse examination at the time the person is removed from the provisional register, the person shall not be eligible for registration.

58/16 s3; 24/23 s7

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Authority to prescribe

      7.1 (1) A licence issued to a registered nurse under section 5 may include the authority to prescribe where the registered nurse provides the following:

             (a)  satisfactory proof of the successful completion of a registered nurse prescribing education program approved by the council;

             (b)  proof satisfactory to the council of an employer sponsor; and

             (c)  a declaration from the registered nurse stating that the registered nurse will only prescribe in accordance with the standards established by the council.

             (2)  A registered nurse whose licence includes the authority to prescribe may, in accordance with the standards established by the council,

             (a)  prescribe a drug;

             (b)  order laboratory or other permitted tests; and 

             (c)  make referrals to other health professions, including medical practitioners licensed under the Medical Act, 2011.

24/23 s8

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Nurse practitioner licensure

        8. (1) A licence issued to a registered nurse under section 5 may include licensure to practise as a nurse practitioner where the registered nurse provides the following:

             (a)  satisfactory proof of the successful completion of a nurse practitioner examination approved by the council; and

             (b)  proof that within the 36 month period immediately preceding the application for a licence the registered nurse

                      (i)  graduated from an approved nurse practitioner education program,

                     (ii)  practised as a nurse practitioner for at least 900 hours, or

                    (iii)  successfully completed a nurse practitioner competency validation process or a nurse practitioner re-entry program approved by the council;

             (2)  [Rep. by 65/17 s3]

             (3)  [Rep. by 50/19 s2]

             (4)  [Rep. by 50/19 s2]

66/13 s8; 29/14 s1; 65/17 s3; 50/19 s2; 24/23 s9

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Interim nurse practitioner licensure

        9. (1) A registered nurse may be granted interim licensure to practice as a nurse practitioner where the registered nurse meets the requirements in paragraph 8(1)(b) but does not meet the requirements in paragraph 8(1)(a) because the registered nurse has not written the approved registered nurse practitioner examination or is awaiting the results of the approved nurse practitioner examination.

             (2)  Where a registered nurse who has not written the nurse practitioner examination is granted an interim licence, the registered nurse shall write the exam at the first available sitting or at another time approved by the council.

         (2.1)  A registered nurse may be granted interim licensure to practise as a nurse practitioner where the registered nurse meets the requirements in paragraph 8(1)(a) but does not meet the requirements in paragraph 8(1)(b).

         (2.2)  Where a registered nurse is granted an interim licence under subsection (2.1), the registered nurse shall

             (a)  practise as a nurse practitioner for at least 900 hours within the 36 month period following the date of issuance of the interim licence or another time approved by the council; and

             (b)  provide proof satisfactory to the council of an employer sponsor.

             (3)  An interim licence is valid from the date of issuance until the date specified in the licence unless suspended or revoked earlier.

             (4)  An interim licence to practice as a nurse practitioner may, with the approval of the council, be renewed for a maximum of 2 years from the date of issuance.

66/13 s9; 65/17 s4; 24/23 s10

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Exam failure - nurse practitioner

      10. (1) Where a registered nurse fails the approved nurse practitioner examination the registered nurse's interim licensure to practise as a nurse practitioner shall be revoked.

             (2)  [Rep. by 65/17 s5]

             (3)  A registered nurse who fails the approved nurse practitioner examination 3 times shall not be eligible to apply for licensure as a nurse practitioner.

             (4)  Notwithstanding subsection (3), the council may, in extenuating circumstances, allow a person who has failed the approved nurse practitioner examination 3 times to write the examination a fourth time and be eligible to apply for licensure as a nurse practitioner.

             (5)  A person who writes and fails the approved nurse practitioner examination a fourth time is not eligible to apply for licensure as a nurse practitioner.

66/13 s10; 65/17 s5; 24/23 s11

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Licence conditions

      11. (1) It is a condition of a licence issued under the Act and regulations that a registered nurse shall

             (a)  maintain professional liability protection as approved by the council;

             (b)  notify the council of a change in the registered nurse's name, address, employer or other information as required by the council;

             (c)  notify the council of disciplinary proceedings or pending disciplinary proceedings in another jurisdiction; and

             (d)  immediately notify the council of a criminal conviction.

             (2)  Notification under paragraphs (1)(b) and (c) shall be provided as soon as practicable and no later than 30 days after the effective date of the change or notice of the disciplinary action.

             (3)  Notification under subsection (1) shall include all information necessary to explain the conviction or disciplinary action.

66/13 s11; 24/23 s12

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Renewal of registered nurse licence

      12. (1) A person applying for a renewal of a licence to practise nursing shall submit

             (a)  a renewal application in the prescribed form;

             (b)  a declaration stating

                      (i)  that the person has never been convicted of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute, or

                     (ii)  the details of the person’s convictions under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute;

             (c)  proof satisfactory to the council that the person has successfully completed the program of continuing competency required by the council;

             (d)  [Rep. by 38/23 s5]

             (e)  proof that the person

                      (i)  successfully completed a nursing education program satisfactory to the council within the 36 month period immediately preceding the application for a licence,

                     (ii)  practised as a registered nurse for at least 1125 hours within the preceding 60 month period or 450 hours within the preceding 24 month period,

                    (iii)  completed an approved nursing re-entry program within the preceding 60 month period, or

                    (iv)  is enrolled and participating in a baccalaureate nursing education program or graduate or doctoral program in nursing or in a health-related discipline recognized by the council and at the date of admission to the program was eligible for a practicing licence.

         (1.1)  In addition to the requirements in subsection (1), the council may require a person applying for a renewal of a licence to practise nursing to provide a letter of good standing from one or more of the jurisdictions where the person was registered or licensed in the 12 month period preceding the submission of the person's renewal application.

             (2)  Notwithstanding subparagraph (1)(e)(iv), a person shall not be granted a renewal of the person’s licence where the person

             (a)  is enrolled in a baccalaureate nursing education program or a graduate or doctoral program in nursing or in a health related discipline for more than 5 years; and

             (b)  has had the person’s licence renewed each year for the preceding 5 year period.

             (3)  Notwithstanding paragraph (1)(c), a person who has not completed the continuing competency program may be granted a renewal of the person’s licence subject to the conditions prescribed by the council.

             (4)  Where a licence to practise nursing referred to in subsection (1) includes authority to prescribe, the person applying for a renewal shall, in addition to the requirements in subsection (1),

             (a)  submit proof satisfactory to the council of an employer sponsor; and

             (b)  provide a declaration that the person will only prescribe in accordance with the standards established by the council.

66/13 s12; 58/16 s4; 65/17 s6; 24/23 12; 38/23 s5

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Renewal of nurse practitioner licensure

      13. A person applying for renewal of licensure as a nurse practitioner shall submit the documentation required in paragraph 8(1)(b) and paragraphs 12(1)(a) to (e).

65/17 s7; 50/19 s3

PART III
NURSE PRACTITIONER AUTHORITY

65/17 s8

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Authority of nurse practitioner

      14. (1) A nurse practitioner may

             (a)  order the application of a form of energy permitted by the standards established by the council;

             (b)  order laboratory or other tests permitted by the standards established by the council; and

             (c)  prescribe a drug permitted by the standards established by the council.

             (2)  The council may prescribe categories of nurse practitioners and the standards and scope of practice for each category.

66/13 s14; 65/17 s9; 50/19 s4

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Rep. by 65/17 s10

      15. [Rep. by 65/17 s10]

65/17 s10

PART IV
GENERAL

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Alternative dispute resolution

      16. (1) Where the complaints authorization committee refers an allegation to the Director of Professional Conduct Review for alternative dispute resolution, the alternative dispute resolution shall be conducted in accordance with the policy established by the council.

             (2)  Alternative dispute resolution shall not be conducted unless the complainant and respondent consent to it in writing.

             (3)  The Director of Professional Conduct Review may appoint those other persons the Director of Professional Conduct Review considers necessary to assist in the alternative dispute resolution process.

             (4)  Where the allegation is not resolved through alternative dispute resolution or where, in the opinion of the Director of Professional Conduct Review, the allegation is unsuitable for alternative dispute resolution, the Director of Professional Conduct Review shall refer the allegation back to the complaints authorization committee.

66/13 s16; 24/23 s14

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Continuing competency program

      17. (1) All members shall complete a continuing competency program as required by the council.

             (2)  The council shall conduct regular audits of the members' participation in the continuing competency program.

             (3)  Members shall provide all information requested in the conduct of the audit.

66/13 s17

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Approved education programs

      18. (1) The council shall approve a program of education for registered nurses where the program meets the standards and criteria established by the council including provision of clinical, laboratory and theoretical experience necessary to meet standards of practice for registered nurses and achieve the council’s required competencies of a registered nurse.

             (2)  The council shall approve a program of education for nurse practitioners where the program meets the standards and criteria established by the council including provision of clinical, laboratory and theoretical experience necessary to meet standards of practice for nurse practitioners and achieve the council’s required competencies of a nurse practitioner.

66/13 s18

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Conditions and restrictions

      19. (1) The council may attach those conditions and restrictions to a registration, a licence or an interim licence that the council considers appropriate.

             (2)  A member shall comply with all conditions and restrictions that are attached to the member’s registration, licence or interim licence by the council.

72/15 s3; 24/23 s15

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Transitional

   19.1 (1) Where

             (a)  a person obtained the person’s nursing education in Canada;

             (b)  less than 36 months have elapsed from the date the person graduated from an approved baccalaureate nursing education program; and

             (c)  the person was removed from the provisional register before September 28, 2016,

that person shall be considered to be on the provisional register for the purpose of writing the approved registered nurse examination for 36 months after the person graduated from an approved baccalaureate nursing education program.

             (2)  Where

             (a)  a person obtained the person’s nursing education outside Canada;

             (b)  less than 36 months have elapsed from the date the person was originally placed on the provisional register; and

             (c)  the person was removed from the provisional register before September 28, 2016,

that person shall be considered to be on the provisional register for the purpose of writing the approved registered nurse examination for 36 months after the person was originally placed on the provisional register.

             (3)  A person who successfully completes the approved registered nurse examination while the person is considered to be on the provisional register under subsection (1) or (2) is eligible for registration.

65/17 s11; 24/23 s16

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Repeal

      20. The Nurse Practitioner Regulations, 2009, Newfoundland and Labrador Regulation 68/09, are repealed.

66/13 s20