Statutes of Newfoundland and Labrador 2021 Chapter 18

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2005 cL-12.1
as amended

1. Section 2 of the Licensed Practical Nurses Act, 2005 is repealed and the following substituted:

Definitions

2. In this Act

(a) "board" means the board referred to in section 3;

(b) "college" means the college continued under section 3;

(d) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(e) "register" means the register of licensed practical nurses kept by the registrar;

(f) "registered nurse" means a person who is licensed under the Registered Nurses Act, 2008 to practise the profession of nursing and is a registered member in good standing of the College of Registered Nurses of Newfoundland and Labrador, and includes a nurse practitioner; and

(g) "registrar" means the Registrar of Licensed Practical Nurses.

2. Subsection 6(2) of the Act is repealed and the following substituted:

(2) The board may in its by-laws provide for voting at a meeting of the college or in an election of members by mail or electronic means.

3. Section 8 of the Act is amended by adding immediately after paragraph (d) the following:

(d.1) to administer a quality assurance program;

4. (1) Paragraph 10(2)(a) of the Act is repealed and the following substituted:

(a) issue licenses to persons who meet the qualifications for a licence established by this Act and other qualifications that may be prescribed by regulation;

(2) Paragraph 10(2)(b) of the Act is repealed and the following substituted:

(b) keep and maintain a register containing the names of licensed practical nurses and other information that may be required by the college;

(3) Subsection 10(2) of the Act is amended by deleting the word "and" at the end of paragraph (f) and by adding immediately after paragraph (f) the following:

(f.1) perform the duties in respect of quality assurance under sections 29.1 to 29.5; and

5. Section 11 of the Act is repealed and the following substituted:

By-laws

11. (1) The board may make by-laws not inconsistent with this Act

(a) respecting the holding and procedure of its meetings and the college’s meetings;

(b) respecting the appointment of committees of the college and the board and the duties and responsibilities of those committees;

(d) respecting the payment of travel and other expenses of elected members of the board;

(e) respecting the employment and remuneration of staff and consultants;

(f) establishing a code of ethics including a definition of "professional misconduct", "conduct unbecoming" and "incapacity or unfitness to practise" for the purposes of sections 13 to 27;

(g) establishing standards governing the practice of practical nursing, including standards of professional competence and of capacity and fitness to practise;

(h) limiting the participation of members at a meeting of the board by telephone or other telecommunications device under section 5;

(i) providing for voting at meetings of the board;

(j) providing for voting by licensed practical nurses by mail or electronic means; and

(k) generally, to assist in the administration of this Act and the regulations.

(2) A by-law may be made, amended or repealed at a meeting of the board provided that 30 days notice, in writing, of the making, amendment or repeal of the by-law and of the meeting are given to members of the board.

(3) The board shall have its by-laws available for inspection by the public on reasonable notice and at reasonable hours.

6. (1) Subsection 12(1) of the Act is repealed and the following substituted:

Licensing

12. (1) A person may apply to the registrar in the form set by the college to be a licensed practical nurse where they

(a) have completed a program of education for practical nurses, or an equivalent program, approved by the college; and

(b) meet the other requirements prescribed by regulation.

(2) Subsection 12(2) of the Act is repealed and the following substituted:

(2) The registrar shall issue a licence to a person who applies under subsection (1) and may renew a licence where the applicant

(a) pays the licensing fee set by the board;

(b) proves that they have obtained professional liability insurance coverage in a form and amount satisfactory to the college;

(c) establishes that they are not suspended or restricted from working as a practical nurse by a college or equivalent body governing practical nursing in a jurisdiction outside the province;

(d) pays outstanding fines, penalties or fees, which are owed to the college; and

(e) meets other requirements that may be set by the college in the regulations.

7. Subparagraphs 13(c)(iii) and (iv) of the Act are repealed and the following substituted:

(iii) conduct unbecoming a licensed practical nurse,

(iv) incapacity or unfitness to practise as a licensed practical nurse, and

8. The Act is amended by adding immediately after section 14 the following:

Duty to report

14.1 (1) A licensed practical nurse who has knowledge, from direct observation or objective evidence, of conduct deserving of sanction of another licensed practical nurse shall report the known facts to the registrar.

(2) A person or a corporation, partnership or association that terminates or imposes restrictions on the employment of a licensed practical nurse based on direct knowledge of the licensed practical nurse's conduct deserving of sanction shall report the known facts to the registrar.

(3) An action shall not be brought against a licensed practical nurse, person, corporation, partnership or association or its directors or officers for the sole reason that they or the corporation, partnership or association complied with this section.

9. Subsection 17(1) of the Act is amended by adding immediately after paragraph (a) the following:

(a.1) refer the allegation to the quality assurance committee;

10. The Act is amended by adding immediately after section 29 the following:

Quality assurance committee

29.1 (1) The board shall establish a quality assurance committee that shall have responsibility for, and shall establish and operate, a program of quality assurance for licensed practical nurses.

(2) The committee may appoint the following persons to act as assessors or to assist the committee to perform its duties and exercise its powers under this Act:

(a) a person registered as a licensed practical nurse under this or another Act, including an Act of another province or a territory of Canada; or

(b) a person licensed as a registered nurse or as a nurse practitioner under the Registered Nurses Act, 2008 or another Act, including an Act of another province or a territory of Canada.

(3) The committee and a person appointed under subsection (2) shall have the powers, privileges and immunities that are conferred on a commissioner under the Public Inquiries Act, 2006.

(4) A person appointed under subsection (2) has the powers of the committee under paragraphs 29.3(3)(a), (b) and (c).

Licensed practical nurse shall comply

29.2 A licensed practical nurse shall comply with a request or a directive of the committee, or a person appointed under subsection 29.1(2), in connection with the conduct of a quality assurance review with respect to the licensed practical nurse or their practice by the committee.

Conduct of review

29.3 (1) The quality assurance committee may itself initiate a quality assurance review of a licensed practical nurse or their practice or at the request of the registrar or the complaints authorization committee.

(2) Before initiating a quality assurance review under subsection (1), the registrar may attempt to resolve the matter.

(3) In connection with a quality assurance review, the quality assurance committee may

(a) require a licensed practical nurse, or another person who has information pertaining to or possession of records that relate to the licensed practical nurse's practice, to provide information, including patient records, for inspection or review and to permit them to be copied by the committee or a person appointed under subsection 29.1(2) for the purpose;

(b) order a licensed practical nurse to undergo an examination, evaluation, assessment or review of their professional practices or capacity or fitness to practise, to the extent and under the circumstances required by the committee;

(c) engage in periodic or random reviews or audits of a licensed practical nurse's performance including the consequential review of patient records; and

(d) order a licensed practical nurse to

(i) obtain counselling, including substance abuse counselling, until the licensed practical nurse can demonstrate to the committee, or another body or a person designated by the committee, that a condition related to the counselling has been overcome,

(ii) obtain medical treatment and authorize a person participating in the provision of that treatment to report on it to the committee,

(iii) complete a course of studies or an educational or training program,

(iv) restrict their licensed practical nursing practice,

(v) obtain supervised clinical experience as directed by the committee and to the satisfaction of the committee,

(vi) continue their licensed practical nursing practice under conditions the committee may specify, or

(vii) report their compliance with an order of the committee and authorize a person to report to the committee on whether they are complying with an order.

(4) The quality assurance committee may accept the terms of an agreement entered into by the registrar and a licensed practical nurse as constituting compliance by the licensed practical nurse with a requirement or order imposed by the committee on the licensed practical nurse under subsection (3).

(5) Where a licensed practical nurse fails to comply with

(a) a requirement or an order under subsection (3); or

(b) an agreement referred to in subsection (4) within the time period required by the committee for compliance,

the committee shall refer the failure to comply to the registrar who shall refer it to the complaints authorization committee as an allegation within the meaning of paragraph 13(a).

(6) An action for damages does not lie against a licensed practical nurse, or another person to whom a request is made, solely because they provide information requested of them under paragraph (3)(a).

(7) Where the quality assurance committee or a person appointed under subsection 29.1(2) requires that a licensed practical nurse or another person provide information under paragraph (3)(a), that information shall be provided within 7 days of receipt of the request or a different period as specified in the request.

(8) An assessor may access patient records without the consent of that patient.

(9) All records and specific information relating to the quality assurance program or a review or order under it are confidential.

(10) Paragraph (3)(a) and subsections (6) and (7) apply to the Crown.

Costs

29.4 The costs incurred by a licensed practical nurse in implementing an order under subsection 29.3(3) shall be paid by that licensed practical nurse and shall not be a cost of the quality assurance committee, the board or the college.

Termination of review

29.5 (1) Where the quality assurance committee believes, in the course of or as a result of a review, that a licensed practical nurse may be guilty of conduct deserving of sanction within the meaning of paragraph 13(c), the review, if still in progress, shall be terminated, the licensed practical nurse shall be advised, and the matter shall be referred to the registrar who shall refer it to the complaints authorization committee to be dealt with as an allegation.

(2) Where the quality assurance committee refers a matter under subsection (1), the quality assurance committee shall provide all information and documents in its possession relating to the review to the complaints authorization committee.

(3) An order of the quality assurance committee issued before it refers a matter to the complaints authorization committee under subsection (1) remains in effect notwithstanding the referral of the matter to the complaints authorization committee.

11. Subsection 30(1) of the Act is amended by deleting the word "and" at the end of subparagraph (e)(vii) and by adding immediately after paragraph (e) the following:

(e.1) respecting the quality assurance program referred to in section 29.1; and

12. Section 32 of the Act is repealed and the following substituted:

Protection from liability

32. (1) An action for damages for an act, purported 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 under this Act or any regulations or by-laws made under it, does not lie against

(a) the registrar;

(b) a member of the board;

(d) a person or committee designated by the college or the board;

(e) the college as a corporation;

(f) the board as a governing body of the college;

(g) the complaints authorization committee or a person appointed by the complaints authorization committee;

(h) the disciplinary panel or an adjudication tribunal;

(i) the quality assurance committee or a person appointed under subsection 29.1(2); or

(j) the individual members of a body listed in this subsection.

(2) An action for defamation shall not be founded in the publication of a communication that consists of or pertains to an allegation or complaint where that communication is published in the course of investigating the allegation or complaint or in the course of a proceeding under sections 13 to 29 of this Act.

13. Section 33 of the Act is repealed and the following substituted:

Prohibition

33. A person, except a licensed practical nurse shall not

(a) practise or hold themselves out as being entitled to practise as a licensed practical nurse;

(b) use the titles "practical nurse" or "licensed practical nurse"; or

(c) use a name, title or designation or act in a manner that expressly or otherwise might lead to the belief that the person is a licensed practical nurse.