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First
Session, 46th General Assembly 57
Elizabeth II, 2008 |
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AN ACT RESPECTING
REGISTERED NURSES |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE
Minister of Health and Community Services |
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Ordered
to be printed by the Honourable House of Assembly |
EXPLANATORY NOTE This Bill would revise the law
respecting the regulation of registered nurses. |
A AN ACT RESPECTING REGISTERED NURSES Analysis 1. Short title 2. Definitions 3. Corporation 4. Objects 5. Council 6. Composition of the council 7. Annual meeting 8. Council officers 9. Quorum 10. By-laws 11. Regulations 12. Fees 13. Register 14. Qualification for registration and licensing 15. Registers of registered nurses 16. Requirements to practise 17. Penalties 18. Definitions 19. Committees 20. Report by registered nurse 21. Allegation 22. Effect of filing allegation 23. Complaints authorization committee 24. Adjudication tribunal 25. Hearing 26. Copies of books, etc. as evidence 27. Guilty plea by respondent 28. Powers of adjudication tribunal 29. Filing and publication of decisions 30. De-registration and suspension 31. Failure to comply 32. Reinstatement and readmission 33. Costs of the council 34. Collection of fine 35. Appeal 36. Other care givers 37. Nurse practitioner standards committee 38. Regulations 39. Protection from liability 40. Offence 41. Penalty 42. Transition 43. RSNL1990 cR-9 Rep. Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows: Short title 1. This
Act may be cited as the Registered Nurses
Act, 2008. Definitions 2. In
this Act (a) "annual licence" means a licence
issued to a member under subsection 14(2); (b) "association" means the Association
of Registered Nurses of Newfoundland and (c) "council" means the council of the
association; (d) "executive director" means an employee
appointed by the council to carry out the duties assigned by this Act and the
by-laws of the association; (e) "minister" means the minister
appointed under the Executive Council Act
to administer this Act; (f) "nurse practitioner" means (i) a registered nurse who has successfully
completed a course of study prescribed by the council and is licensed to
practise as a nurse practitioner under this Act, or (ii) a registered nurse who, in the opinion of the
council, has knowledge and skills sufficient as prescribed by the regulations
to be licensed to practise as a nurse practitioner under this Act; (g) "practice" means the practice of
nursing; (h) "register" means the register
referred to in section 15; (i) "registered nurse" means a person who
is registered as a member of the association; and (j) "registration" means the entry of a
name in the register. Corporation 3. (1)
The Association of Registered Nurses of (2) Notwithstanding its continuation as a corporation under this Act, the Corporations Act applies to the association and it shall be governed by that Act for all purposes, including a change of name of the association. (3) The following persons shall, notwithstanding
anything contained in the by-laws, be members of the association: (a) persons who are holders of a licence and pay the fee for membership; (b) persons whose names appear on the register but who do not hold a licence; and (c) persons who the council may appoint as honorary members. Objects 4. The
objects of the association are, in the interest of the public of the province, (a) to advance and promote the ethical and professional standards of the nursing profession; (b) to promote proficiency and competency in the
nursing profession; and (c) to encourage its members to participate in activities
promoting the health and well-being of the public. Council 5. (1) The council of the association, which shall govern the association, is continued. (2) The members of the council are the directors
of the association. Composition of the council 6. (1) The
council shall consist of (a) a president and a president-elect and 8 other persons
elected from and by registered nurses in accordance with the by-laws; and (b) 4 persons appointed by the minister to
represent the public interest who are not registered nurses. (2) Where a vacancy occurs in the membership of
the council as a result of the death, retirement, resignation or incapacity to
act of that member, the vacancy shall be filled (a) in the case of an elected member, by an
election in accordance with the by-laws; and (b) in the case of another member, by appointment
in the manner provided in paragraph (1)(b). (3) When a vacancy is filled under subsection (2),
the person filling the vacancy shall serve only for the remainder of the term
of office of the member being replaced, and that person is eligible for re-election
or reappointment. (4) A member of the council other than a person
elected as the president or the president-elect shall be elected or appointed
for a term of 3 years and is eligible for re-election or re-appointment, but such
a member shall not serve on the council for a continuous period exceeding 9
years. (5) Where the term of office of a member of the council expires and a successor has not been elected or appointed, that member may continue to hold office until a successor is elected or appointed but time served by that member under this subsection shall not be counted for the purpose of subsection (4). Annual meeting 7. (1) The association shall hold an annual general meeting in accordance with the by-laws. (2) At its annual general meeting the association shall (a) appoint an auditor to audit the accounts of the association and to report on the financial statements of the association; and (b) consider and vote on those other matters
required by the by-laws. (3) The council shall prepare and submit to the
minister before July 1 each year (a) a report on the activities of the association;
and (b) the association's audited financial statements. (4) The minister shall present a copy of the
annual report and the audited financial statement in the House of Assembly
within 15 days of receiving it if the House is sitting and if the House is not
sitting within 15 days after it next begins to sit. (5) Where the council fails to comply with subsection (3), it is guilty of an offence and liable upon summary conviction to a fine of $1,000. Council officers 8. (1) The president shall preside at meetings of the council and the association. (2) The president-elect shall become the president
of the council when the then president leaves office. (3) The president-elect shall, in the absence of
the president, preside at meetings of the council and the association. (4) The council shall appoint a registered nurse to
be executive director of the association. (5) The executive director shall carry out the
duties imposed upon the executive director by this Act and the by-laws. (6) The executive director is, by virtue of the
office, a non-voting member of the council. (7) At meetings of the council, each member of the
council shall have one vote and in the case of a tie, the chairperson or, in
the absence of the chairperson, the vice-chairperson shall have a second or
casting vote. (8) Except where prohibited in the by-laws, a member of the council may, where all the members of the council consent, participate in a meeting of the council by means of the telephone or other telecommunication device that permits all persons participating in the meeting to communicate with each other. Quorum 9. Seven members of the council, 2 of whom are members appointed by the minister to represent the public interest, shall constitute a quorum for a meeting. By-laws 10. (1) The
council may make by-laws (a) providing for the holding and procedure of its and the association's meetings; (b) providing for the election of members of the council under paragraph 6(1)(a) including the term of office of the president and president-elect; (c) providing who may vote at meetings of the association; (d) respecting the awarding of honorary
memberships in the association; (e) respecting the participation of members of the
council in a meeting of the council by telephone or other telecommunications
device under subsection 8(8); (f) respecting the maintenance of the register and
the form and contents of it; (g) respecting the remuneration, and allowances
payable to members of the council for attending meetings and for carrying out
the functions of the council under this Act, with power to prescribe different
rates for different members and different functions; (h) respecting the appointment, termination and
duties of the executive director and other employees; (i) respecting the remuneration and payment of
travel expenses of members of adjudication tribunals; (j) establishing a code of ethics which shall include a definition of "professional misconduct" and "conduct unbecoming a registered nurse" for the purposes of sections 18 to 35; (k) establishing standards governing the practice of nursing, including standards of professional competence and of capacity and fitness to practise; (l) establishing rules respecting methods of advertising; (m) providing for voting at meetings of the council; and (n) generally, respecting the administration of this Act and the regulations. (2) A by-law may be made, amended or repealed at a
meeting of the council if 30 days notice, or the shorter period to which
members of the council may consent, is given of the intention to make, amend or
repeal a by-law, and of the meeting, to the members of the council. (3) The council shall have the by-laws available for inspection by the public on reasonable notice and at reasonable hours. Regulations 11. (1) The
council may, with the approval of the minister, make regulations respecting (a) the registration and licensing of registered nurses under this Act; (b) continuing competency requirements; (c) the education and practice experience requirements for registration and licensing of registered nurses; (d) the requirement of registered nurses to carry
professional liability protection; (e) the temporary registration and licensing of registered nurses; (f) the licensing of and scope of practice of nurse
practitioners; (g) the issuing and renewal of conditional registration
and licences and the terms and conditions on which that registration and those
licences may be granted; (h) the approval of nursing education programs for
the purposes of registration and licensing; (i) alternative dispute resolution for the purposes of section 23 and the procedure for that resolution; (j) time limits for events in the disciplinary
process in sections 18 to 35, including time limits for (i) the filing of an allegation, (ii) the resolution of an allegation by the
Director of Professional Conduct Review, (iii) the conduct of an investigation under section 23, (iv) consideration of an allegation by the council following
completion of an investigation, (v) responding to a complainant and respondent at
each stage of the process, (vi) the conduct of a practice investigation under
subparagraph 23(3)(c)(ii), (vii) the appointment of an adjudication tribunal
under section 24, and (viii) the conduct of a hearing and the filing of a
decision or order by an adjudication tribunal following completion of the
hearing; and (k) the giving effect generally to the purpose of this Act. (2) Notwithstanding subsection (1), the minister may make regulations to prescribe time limits for events in the disciplinary process under sections 18 to 35 where the council does not do so in a time period the minister considers reasonable. Fees 12. The council may set fees for the purpose of this Act. Register 13. The executive director shall maintain a register containing the name, address and other matters required by the by-laws, of each person having the qualifications required by this Act for registration and licensure. Qualification for
registration and licensing 14. (1)
A person who has fulfilled the requirements for registration prescribed by the regulations
is entitled to registration in the register upon payment of the fee for
registration fixed by the council. (2) A registered nurse who (a) has been registered under subsection (1); (b) meets all requirements for licensing or
renewal of licensing set out in this Act and the regulations; (c) has paid the required fees; and (d) whose registration or licence to practice nursing is not under review, suspended or revoked in another jurisdiction is entitled to an annual licence to
practice nursing. (3) An annual licence issued under subsection (2)
may include licensure to practise as a nurse practitioner and may be issued to
a registered nurse who (a) has successfully completed a course of study
approved by the council; or (b) in the opinion of the council has sufficient knowledge and skills as prescribed by the regulations to be licensed to practise as a nurse practitioner. (4) Notwithstanding subsection (3), only a person
who has successfully completed a course of study prescribed by the council is
eligible to be licensed as a nurse practitioner after Registers of registered
nurses 15. (1)
The council shall keep (a) an historical register in which shall be
entered the names of persons who have been granted registration under
subsection 14(1) together with other
information that the council may require; and (b) an annual register in which shall be entered
the names of the holders of annual licences issued under subsections 14(2) and (3) and other members of the association. (2) The registers shall be open to inspection at
the head office of the association during regular business hours free of charge. (3) The registers, or copies of or extracts from
the registers certified by the executive director, shall be, in the absence of
evidence to the contrary, evidence in the courts in the province and before all
persons of the registration or licensing of a person in the respective register. (4) The absence of the name of a person from a
register shall be, in the absence of evidence to the contrary, evidence that
the person is not registered or licensed. Requirements to
practise 16. Except
as provided in this Act, a person shall not practise as a registered nurse or a
nurse practitioner or hold himself or herself out as a registered nurse or a nurse
practitioner unless that person is registered and holds an annual licence. Penalties 17. A person not registered under this Act who takes or uses the title "Registered Nurse" or "Nurse Practitioner" or the initials "RN" or "NP", either alone or in combination with other words, letters, or description implying that the person is registered under this Act, or is entitled to be registered under this Act, or is recognized by law as a registered nurse or nurse practitioner is guilty of an offence and liable upon summary conviction to a fine not exceeding $3,000 for each offence and in default of payment to imprisonment for a period not exceeding one month. Definitions 18. In
this section and sections 19 to 35 (a) "allegation" means a written
document alleging that a person has engaged in conduct deserving of sanction; (b) "complainant"
means a person making an allegation and includes a person making a report under
section 20; (c) "conduct
deserving of sanction" includes (i) professional misconduct, (ii) professional incompetence, (iii) conduct unbecoming a registered nurse, (iv) incapacity or unfitness to engage in the
practice of nursing, and (v) acting in breach of this Act, the regulations
or the code of ethics made under section 10; (d) "costs incurred by the association"
includes (i) out of pocket expenses incurred by or on
behalf of the association, (ii) amounts paid by the association to
adjudication tribunal members as remuneration and for expenses, and (iii) the actual cost of legal counsel for the association and the adjudication tribunal; (e) "Director of Professional Conduct
Review" means the person appointed to the position by the council; (f) "disciplinary panel" means the panel
of persons appointed under section 19 from
which the members of an adjudication tribunal are chosen; and (g) "respondent" means a registered nurse or a former registered nurse against whom an allegation is made. Committees 19. (1) The
council shall appoint at least 5 of its members, at least 2 of whom were
appointed by the minister to represent the public interest, to constitute a
complaints authorization committee. (2) The council shall appoint the chairperson and vice-chairperson of the complaints authorization committee from the persons appointed under subsection (1). (3) Three members of the complaints authorization
committee, one of whom is a person appointed by the minister to represent the
public interest, constitute a quorum of the committee. (4) The executive director is not eligible to be a
member of the complaints authorization committee. (5) The council shall appoint at least 18 registered
nurses who are not members of the council, one of whom shall be appointed to
serve as chairperson, and the minister shall appoint at least 9 persons, who
are not registered nurses or members of the council, to represent the public
interest, who shall together constitute a disciplinary panel. (6) Of the members first appointed to the
disciplinary panel, one half shall be appointed for a term of 2 years and the
remainder for a term of 3 years and all subsequent appointments of members to
the disciplinary panel shall be for a term of 3 years. (7) Notwithstanding the expiry of his or her term,
a member of the disciplinary panel continues to be a member until he or she is
re-appointed or his or her replacement is appointed. (8) Persons appointed to the disciplinary panel
may be reappointed. (9) Members of the disciplinary panel shall serve
on the panel without payment for their services, but may be remunerated for
service as a member of an adjudication tribunal and paid their travel and other
expenses associated with the work of that tribunal by the council, in accordance
with and at the rates set by the by-laws. (10) The complaints authorization committee, an
adjudication tribunal appointed under section 24
and a person appointed by either of them may summon a respondent or other
person and require the respondent or other person to give evidence, orally or
in writing, upon oath or affirmation, and produce the documents and things that
either of them considers necessary to the full investigation and hearing of an
allegation or complaint and shall have the powers, privileges and immunities
that are conferred on a commissioner appointed under the Public Inquiries Act, 2006. Report by
registered nurse 20. (1) A
registered nurse who has knowledge, from direct observation or objective
evidence, of conduct deserving of sanction of another registered nurse shall
report the known facts to the Director of Professional Conduct Review. (2) A person or a corporation, partnership or association that terminates or imposes restrictions on the employment of a registered nurse based on direct knowledge of the registered nurse's conduct deserving of sanction shall report the known facts to the Director of Professional Conduct Review. (3) An action shall not be brought against a registered
nurse, person, corporation, partnership or association or its directors or officers
for the sole reason that he or she or the corporation, partnership or association
complied with this section. Allegation 21. (1) An
allegation shall be in writing and signed by the complainant or his or her
solicitor, and filed with the Director of Professional Conduct Review. (2) The Director of Professional Conduct Review may
on his or her own motion make an allegation and file it, and the allegation
shall have the same effect as an allegation referred to in subsection (1). (3) Where the Director of Professional Conduct Review has been informed that a respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute of another country or has been suspended by a governing body of registered nurses in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming a registered nurse or professional incompetence, the information shall be dealt with by the Director of Professional Conduct Review as an allegation. (4) For the purpose of subsection (3), a certified copy of the record of a conviction or findings made or the action taken by an external regulatory body constitutes proof, in the absence of evidence to the contrary, of the conviction or findings made or the action taken by that body, without proof of the signature of the convicting justice or person purporting to have signed on behalf of that body. Effect of filing
allegation 22. (1) Where
it appears to the Director of Professional Conduct Review after notifying the
respondent of the allegation that the allegation may be resolved satisfactorily
and where the complainant and the respondent consent, the Director of
Professional Conduct Review may attempt to resolve the matter. (2) Where the allegation is not satisfactorily
resolved by the Director of Professional Conduct Review under subsection (1), he
or she shall refer the allegation and all other allegations to the complaints
authorization committee. (3) The Director of Professional Conduct Review shall inform a complainant and a respondent of the referral of the allegation to the complaints authorization committee. Complaints authorization
committee 23. (1) After
an allegation has been submitted to the complaints authorization committee, the
committee may exercise one or more of the following powers: (a) refer the allegation back to the Director of
Professional Conduct Review for an investigation or alternative dispute resolution,
or both in accordance with the regulations; (b) conduct an investigation itself or appoint a
person to conduct an investigation on its behalf; and (c) require the respondent to appear before it. (2) Where the complaints authorization committee
is of the opinion that there are no reasonable grounds to believe the
respondent has engaged in conduct deserving of sanction, the committee shall dismiss
the allegation and give notice in writing of the dismissal to the complainant
and the respondent. (3) Where the complaints authorization committee
is of the opinion that there are reasonable grounds to believe that a
respondent has engaged in conduct deserving of sanction, the allegation shall
be considered as constituting a complaint, and the committee may (a) counsel or caution the respondent; or (b) instruct the Director of Professional Conduct
Review to file the complaint against the respondent and refer it to the disciplinary
panel; and (c) recommend to the council that (i) the respondent's licence be suspended or
restricted, or (ii) the Director of Professional Conduct Review
conduct an investigation of the respondent's practice, and where the council
approves an investigation the Director of Professional Conduct Review shall conduct
it, at any time before a final determination by
the adjudication tribunal. (4) A person conducting an investigation under
paragraph (1)(a) or (b) or subparagraph (3)(c)(ii) may
require (a) the respondent to (i) undergo an examination or assessment he or she
considers necessary and as arranged by the Director of Professional Conduct
Review, and (ii) permit the Director of Professional Conduct
Review or a member of the complaints authorization committee or a person
appointed by the complaints authorization committee to inspect and copy the
records of the respondent and other documents relating to the subject matter of
the investigation; and (b) another person to permit the Director of
Professional Conduct Review or a member of the complaints authorization
committee or a person appointed by the complaints authorization committee to
inspect and copy records and other documents relating to the subject matter of
the investigation held by that person, and the respondent or other person shall
comply. (5) An action for damages does not lie against a registered
nurse or another person to whom a request is made solely because he or she
provides information requested of him or her under subsection (4). (6) Where the Director of Professional Conduct Review,
a member of the complaints authorization committee or a person appointed by the
complaints authorization committee requires that a respondent or another person
provide information under subsection (4), that information shall be provided
within 7 days of receipt of the request or a different period as specified in
the request. (7) Where the complaints authorization committee
recommends to the council that a respondent's practice be suspended, restricted
or investigated under paragraph (3)(c), the council may (a) decide not to act on the recommendation; or (b) suspend, restrict or investigate the
respondent's practice. (8) A complainant whose allegation is dismissed by the complaints authorization committee under subsection (2) may, within 30 days after receiving notice of the dismissal, appeal the dismissal to the Trial Division by filing a notice of appeal with the Registrar of the Supreme Court. (9) Subsections (4), (5) and (6) apply to the Crown. Adjudication tribunal 24. (1) For
the purpose of dealing with complaints referred to the disciplinary panel, the
chairperson of the disciplinary panel shall appoint from it an adjudication
tribunal consisting of 3 persons, of whom 2 shall be registered nurses and one
shall be a member of the panel appointed to represent the public interest. (2) The chairperson of the disciplinary panel shall appoint one of the registered nurses on an adjudication tribunal to be the chairperson. Hearing 25. (1) Where
a complaint has been referred under paragraph 23(3)(b),
an adjudication tribunal shall hear the complaint. (2) The parties to a hearing are the association
and the respondent and a party may be represented by his or her counsel at a
hearing. (3) A hearing shall be conducted in public but an adjudication tribunal may exclude the public from a hearing, or from part of it, where it considers the desirability of protecting a party to the complaint or another person against the consequences of possible disclosure of personal matters outweigh the desirability of holding the hearing in public. Copies of books, etc. as evidence 26. A copy or extract of a book, record, document or thing certified by (a) a member of the complaints authorization committee; or (b) a person authorized under subsection 23(4) to conduct an inspection, who made the copy or extract under subsection 23(4) is admissible in evidence in an action, proceeding or prosecution, in the absence of evidence to the contrary, as evidence of the original book, record, document or thing and its contents. Guilty plea by
respondent 27. (1) Where
a respondent pleads guilty to one or more of the charges set out in a
complaint, the adjudication tribunal shall, without calling evidence or hearing
witnesses, unless the tribunal believes it is appropriate to do so, hear
submissions from the parties. (2) Where a respondent pleads guilty, and
following submissions under subsection (1), the adjudication tribunal may (a) reprimand the respondent; (b) order that the respondent be suspended for a
fixed period that it considers appropriate, until the respondent can demonstrate
to the council or other body or person designated by the adjudication tribunal
that conditions which it may impose are fulfilled, or until further order of
the adjudication tribunal; (c) allow or direct the respondent to surrender
his or her licence to the council upon those conditions that may be considered
appropriate and strike the respondent's name from the register; (d) impose a fine not to exceed $10,000 to be paid
to the association; (e) order that the respondent pay the costs or a
part of the costs incurred by the association in the investigation and hearing
of the complaint; (f) order that the Director of Professional
Conduct Review publish a summary of the decision including the information set
out in subsection 29(4) and other information
that the tribunal may specify; and (g) order that the respondent comply with one or
more of the following: (i) make restitution to the complainant or other
person affected by the conduct of the respondent, (ii) obtain medical treatment, (iii) obtain counselling, (iv) obtain substance abuse counselling or
treatment, until the respondent can demonstrate to the council or other body or
person designated by the adjudication tribunal that a condition related to
substance abuse rendering the respondent incapable or unfit to practise has
been rehabilitated such that the respondent can safely return to practice, (v) engage in continuing education programs, (vi) complete a course of studies or obtain
supervised clinical experience, or both, to the satisfaction of the council or
another body or person designated by the adjudication tribunal, (vii) report on his or her compliance with an order
made under this section and authorize others involved with his or her treatment
or supervision to report on it, (viii) restrict his or her professional practice or continue his or her practice under specified conditions, (ix) permit periodic inspection of his or her practice, (x) permit periodic inspection of records relating
to his or her practice, or (xi) impose other requirements that are just and reasonable in the circumstances. (3) The costs incurred by the association to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent. Powers of adjudication
tribunal 28. (1) Upon
the hearing of a complaint, an adjudication tribunal shall decide whether or
not a respondent is guilty of conduct deserving of sanction. (2) Where an adjudication tribunal decides that a
respondent is not guilty, it shall dismiss the complaint and may, where it
believes that the submission of the complaint to the tribunal for a hearing was
unreasonable, (a) order that those costs that the tribunal
considers appropriate be paid by the association to the respondent; and (b) make another order that it considers
appropriate. (3) Where an adjudication tribunal decides that a
respondent is guilty, it may (a) reprimand the respondent; (b) order that the respondent be suspended for a
fixed period that it considers appropriate, until the respondent can demonstrate
to the council or other body or person designated by the adjudication tribunal
that conditions which it may impose are fulfilled, or until further order of
the adjudication tribunal; (c) allow or direct the respondent to surrender
his or her licence to the council upon those conditions that may be considered
appropriate and strike the respondent's name from the register; (d) impose a fine not to exceed $10,000 to be paid
to the association; (e) order that the respondent pay the costs or a
part of the costs incurred by the association in the investigation or hearing
of the complaint; (f) order that the Director of Professional
Conduct Review publish a summary of the decision including the information set
out in subsection 29(4) and other information
that the tribunal may specify; and (g) order that the respondent comply with one or
more of the following: (i) make restitution to the complainant or other
person affected by the conduct of the respondent, (ii) obtain medical treatment, (iii) obtain counselling, (iv) obtain substance abuse counselling or
treatment, until the respondent can demonstrate to the council or other body or
person designated by the adjudication tribunal that a condition related to
substance abuse rendering the respondent incapable or unfit to practise has
been rehabilitated such that the respondent can safely return to practice, (v) engage in continuing education programs, (vi) complete a course of studies or obtain
supervised clinical experience, or both, to the satisfaction of the council or
other body or person designated by the adjudication tribunal, (vii) report on his or her compliance with an order
made under this section and authorize others involved with his or her treatment
or supervision to report on it, (viii) restrict his or her professional practice or continue his or her practice under specified conditions, (ix) permit periodic inspection of his or her practice, (x) permit periodic inspection of records relating
to his or her practice, or (xi) impose other requirements that are just and reasonable in the circumstances. (4) The costs incurred by the association to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent. Filing and publication
of decisions 29. (1)
An adjudication tribunal shall file a decision or order made under subsection 27(2) or 28(3) with
the Director of Professional Conduct Review and provide a copy to the
complainant, the respondent, the respondent's employer and the minister. (2) The Director of Professional Conduct Review
shall maintain a copy of a decision or order filed under subsection (1) for a
minimum of 5 years after the day the decision is filed and shall upon receiving
a request to view the disciplinary records in relation to a registered nurse
permit a person to view a summary of a decision where that registered nurse was
the respondent, prepared in accordance with subsection (4). (3) The Director of Professional Conduct Review
shall publish a summary of a decision or order of an adjudication tribunal in a
newspaper of general circulation in or nearest to the community in which the
respondent practises within 14 days of the expiry of the appeal period provided
in section 35 where the decision or order (a) suspends the respondent; (b) allows or directs the respondent to surrender
his or her licence; (c) restricts the respondent's practice; (d) specifies conditions for the continuing
practice of the respondent; or (e) requires that a summary of the decision or
order be published. (4) The summary of the decision published under
subsection (3) shall include (a) the name of the respondent and the address
where he or she practises; (b) the date, location and a brief description of
the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, unless the
complainant has requested that his or her name be withheld; (d) the contents of the order in relation to the
actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in
the decision or order. (5) Where a decision published under this section is varied or set aside, the Director of Professional Conduct Review shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) and (4) apply, with the necessary changes. (6) The Director of Professional Conduct Review may give notice of the decision and information respecting the decision to the other persons the council may direct and shall include a summary of the decision in a certificate of good standing issued in relation to the respondent. De-registration
and suspension 30. (1) Where a respondent is allowed or directed to surrender his or her licence, his or her rights and privileges as a registered nurse to practise nursing cease. (2) Where a respondent requests that his or her
name be removed, or where his or her name is struck off, a register maintained
under this Act, his or her rights and privileges as a registered nurse to
practise nursing cease. (3) Where a respondent is suspended, his or her
rights and privileges as a registered nurse to practise nursing cease for the
period of suspension. (4) Where conditions or restrictions have been imposed upon a respondent's ability to carry on his or her practice, his or her rights and privileges as a registered nurse to practise nursing shall be limited to the extent specified by the conditions or restrictions. Failure to comply 31. (1) On
application by the association to the disciplinary panel, an adjudication
tribunal may make an order suspending the licence of a respondent where it
determines that the respondent has failed to comply with a decision or an order
under sections 18 to 35.
(2) The parties to the application are the association
and the respondent. (3) An order of an adjudication tribunal under this section may suspend the licence of the respondent for a fixed period that the adjudication tribunal may consider appropriate, or until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal. Reinstatement and
readmission 32. (1) Where
a decision or order of an adjudication tribunal (a) suspends the respondent; (b) allows or directs the respondent to surrender
his or her licence or to be removed from a register maintained under this Act; (c) restricts the respondent's practice; or (d) specifies conditions for the continuing
practice of the respondent, and where the respondent alleges that new
evidence has become available or a material change in circumstances has
occurred since the making of the decision or order, the respondent may apply to
the complaints authorization committee for a supplementary hearing to discharge
or vary the decision or order based on the new evidence or material change in
circumstances. (2) An application under subsection (1) shall be
made not more than 90 days after the new evidence becomes available or the
material change in circumstances has occurred. (3) Where an application is made to the complaints
authorization committee under subsection (1), and the committee is of the opinion
that new evidence has become available or that a material change in
circumstances has occurred, as alleged by a respondent, the matter shall be
referred to an adjudication tribunal as if it were a matter referred under
paragraph 23(3)(b) and sections 25 to 30 apply, with
the necessary changes, to the referred matter. (4) The parties to a supplementary hearing under
this section are the respondent and the association. (5) For the purpose of this section, in addition
to an order that an adjudication tribunal may make under section 28, a tribunal may (a) vary the original decision or order made under
section 28; or (b) discharge the original decision or order, with or without conditions. Costs of the council 33. (1) Where
a person who was ordered to pay the costs of the council under paragraph 27(2)(e) or 28(3)(e)
fails to pay in the time required, the council may suspend the registration or
licence of that person until the costs are paid. (2) Costs ordered to be paid under paragraph 27(2)(e) or 28(3)(e) are a debt due to the association and may be recovered by the association by a civil action. Collection of
fine 34. (1)
Where an order is made under section 27 or 28 imposing a fine on a respondent, the association
may issue a certificate stating the amount of the fine due and remaining unpaid
and the name of the person by whom it is payable, and file the certificate with
the Registrar of the Supreme Court. (2) Where a certificate is filed with the
Registrar of the Supreme Court under subsection (1), it has the same effect and
all proceedings may be taken on the certificate as if it were a judgment of the
Trial Division for the recovery of the amount stated in the certificate against
the person named in the certificate. (3) A person named in a certificate filed under this
section may, within 30 days after the certificate is filed, apply to a judge of
the Trial Division for a review, on a question of law or jurisdiction, of the
certificate. (4) On an application under subsection (3), the
judge may make any amendment to the certificate that is necessary to make the
certificate accord with the judge's decision. (5) There is no appeal from a decision of a judge
made under this section . (6) A certificate filed under this section may
also be filed in the judgment enforcement registry on the expiration of the 30
day period referred to in subsection (3) in accordance with Part Appeal 35. (1) The
association or the respondent may, within 30 days after receiving notice of a
decision or order of an adjudication tribunal under this Part, appeal the
decision or order or a part of it to the Trial Division by filing a notice of
appeal with the Registrar of the Supreme Court. (2) An appeal under this section does not stay the
decision or order being appealed unless the Trial Division orders otherwise. Other care givers 36. This Act shall not be interpreted as forbidding a legally qualified registered nurse or a nurse practitioner of another province or country whose engagement requires him or her to (a) accompany and care for a person temporarily in this province; or (b) provide education or consultative services during the period of the engagement, which shall be for a maximum of 28 days, where the registered nurse or nurse practitioner does not hold himself or herself out as a registered nurse or a nurse practitioner licensed to practise in the province. Nurse
practitioner standards committee 37. (1) The
association shall appoint a nurse practitioner standards committee including (a) a person nominated by the (b) a person nominated by the (c) the other members the association considers it
appropriate to appoint. (2) Decisions of the committee shall be made by a
majority vote of the members appointed under subsection (1) provided that at
least one member appointed under each of paragraphs (a), (b) and (c) vote in
agreement with that majority vote. (3) The committee shall establish standards for
nurse practitioners (a) prescribing the forms of energy that a nurse
practitioner may order and prescribing the purpose for which and the circumstances
in which the form of energy may be applied; (b) prescribing the laboratory and other tests
that a nurse practitioner may prescribe; and (c) designating the drugs that a nurse
practitioner may prescribe and the circumstances under which the drugs may be
prescribed. (4) The committee is authorized, as provided for
by regulations which the council, subject to the approval of the minister, may
make, to approve practice protocols. (5) The committee and the members individually are
not liable for anything done in good faith in the performance of their duties
under this section and the regulations. Regulations 38.
The council, subject to the approval of the minister and following consultation
by both of them with the committee appointed under section 37, may make regulations, (a) prescribing an approval process for a practice
protocol for nurse practitioners to authorise the nurse practitioner to practice
in the manner and to the extent set out in the practice protocol; and (b) generally to establish the standards and scope of practice of nurse practitioners. Protection from liability 39. An
action for damages does not lie against the executive director, the Director of
Professional Conduct Review, an officer, employee or agent of the council, a
member of a disciplinary panel, adjudication tribunal or the individual members
of those bodies, a person appointed by the complaints authorization committee
to conduct an investigation, another agent of the council for an act or failure
to act or a proceeding initiated or carried out in good faith under this Act,
or for carrying out duties or obligations authorized under this Act or for a
decision or order made or enforced in good faith under this Act. Offence 40. A
person who obtains or attempts to obtain a registration or an annual licence by
making a misrepresentation or declaration and a person who helps in the making
of the misrepresentation or declaration is guilty of an offence. Penalty 41. A person guilty of an offence is, where no other penalty is provided in this Act, liable on summary conviction to a fine of not more than $5,000. Transition 42. (1) The members of the council on the day before this Act comes
into force are continued as members until an election is held under section 6. (2) An election to elect the 10 members referred
to in paragraph 6(1)(a) shall be held within 12
months after the day this Act comes into force. (3) The minister shall make appointments under paragraph
6(1)(b) within 30 days of the election held
under subsection (2). (4) Of the members of the council, not including the
president and the president-elect, first elected under section 6, (a) 2 shall be elected for a term of 4 years; (b) 4 shall be elected for a term of 3 years; and (c) 2 shall be elected for a term of 2 years. RSNL1990 cR-9 Rep. 43. The Registered
Nurses Act is repealed. ŠEarl G. Tucker, Queen's Printer |