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NEWFOUNDLAND AND LABRADOR
REGULATION 2/11

Licensed Practical Nurses Regulations, 2011
under the
  Licensed Practical Nurses Act, 2005

(Filed January 12, 2011)

Under the authority of section 30 of the Licensed Practical Nurses Act, 2005 , the College of Licensed Practical 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, January 7, 2011.

Elizabeth Crawford
Chairperson
College of Licensed Practical Nurses
of Newfoundland and Labrador

Jerome P. Kennedy, Q.C.
Minister of Health and Community Services

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Licensed Practical Nurses Regulations, 2011 .

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Interpretation

        2. (1) In these regulations "satellite institution" means a person or institution other than a parent institution designated by the board under section 12.

             (2)  For the purpose of these regulations, a reference to the Standards and Criteria for Approval and Evaluation of Practical Nursing Programs includes any amendments made to that document, since its adoption by the board.

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Requirements and qualifications for licensure

        3. The requirements and qualifications for a licence to practice as a practical nurse, in addition to those set out in section 12 of the Act, are

             (a)  completion of an application form that may be obtained from the college;

             (b)  proficiency in the English language that the board considers sufficient to enable the applicant to practise as a licensed practical nurse in the province;

             (c)  proof of

                      (i)  within 5 years before the date of the application, successful completion of a program of education for practical nurses or its equivalent or a refresher program for practical nurses, as approved by the board, or

                     (ii)  work as a licensed or registered practical nurse for

                            (A)  at least 450 hours in the 2 years immediately preceding the licensing year for which the application is submitted, or

                            (B)  at least 1125 hours in the 5 years immediately preceding the licensing year for which the application is submitted;

             (d)  for applicants who have successfully completed a basic program of education for practical nurses or its equivalent as approved by the board

                      (i )  within the province after May 15, 1984 , or

                     (ii)  outside the province,

proof of successful completion of a licensing or registering examination for practical nurses as approved by the board; and

             (e)  provision of evidence of good character satisfactory to the board.

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Licensure

        4. (1) A person who meets the requirements of section 3, in addition to those set out in section 12 of the Act, may be granted a licence to practise as a practical nurse and that licence shall be effective from the date of issue until March 31 in a year.

             (2)  Notwithstanding subsection (1), the registrar may issue a non-renewable temporary licence to an applicant who meets the requirements of section 12 of the Act, for a period of time determined by the board,

             (a)  where the applicant has successfully completed a basic program of education for practical nurses or its equivalent as approved by the board and has met the requirements respecting initial licensure in section 3, excluding paragraph 3(1)(d); or

             (b)  in other circumstances considered appropriate by the board.

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Licence renewal

        5. (1) The registrar may renew the licence of a practical nurse who applies for renewal where the practical nurse has provided, in addition to the requirements set out in section 12 of the Act,

             (a)  proof of

                      (i)  within the previous 5 years, successful completion of program of education for practical nurses or its equivalent or a refresher program for practical nurses, as approved by the board;

                     (ii)  work as a licensed practical nurse for

                            (A)  at least 450 hours in the 2 years immediately preceding the licensing year for which renewal is sought, or

                            (B)  at least 1125 hours in the 5 years immediately preceding the licensing year for which renewal is sought, or

                    (iii)  work as registrar of the college within the previous 5 years and successful completion of a program of education for practical nurses or its equivalent as approved by the board;

             (b)  proof that is satisfactory to the board of successful completion of a program of education or course for practical nurses that the board has stipulated under section 6 to be mandatory;

             (c)  proof that is satisfactory to the board of successful completion of a program of continuing competence as may be required by the board; and

             (d)  provision of evidence of good character satisfactory to the board.

             (2)  A licence shall expire on March 31 in a year, and where a person satisfies the requirements of subsection (1), in addition to those set out in section 12 of the Act, the registrar may renew the licence and that licence shall

             (a)  if renewed on April 1 in a year, be valid for a year and shall expire on March 31 in a year; or

             (b)  if renewed after April 1 in a year, be valid from the date of renewal and shall expire on March 31 in a year.

             (3)  The registrar may remove from the register the name of a licensed practical nurse who has not paid in full the required fee including arrears before the beginning of the next licensure year.

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Programs of education for practical nurses

        6. The board may stipulate that the successful completion of program of education or course for practical nurses is a mandatory prerequisite for continued licensure or renewal of licensure, including the completion of

             (a)  a basic program of education or course for practical nurses;

             (b)  a post-basic program of education or course for practical nurses;

             (c)  a refresher or re-entry program or course for practical nurses;

             (d)  a continuing education program or course for practical nurses;

             (e)  a professional development program or course for practical nurses; or

              (f)  another program of education or course for practical nurses.

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Examinations

        7. The board shall conduct, or cause to be conducted, examinations for the licensing of practical nurses at least once a year, at those times and places as determined by the board.

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Application for examination

        8. An applicant who wishes to write the licensing examination shall submit an application for examination, along with the applicable fees, to the registrar.

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Persons to be examined

        9. A person may be permitted to write the licensing examination where he or she has

             (a)  successfully completed a program of education for practical nurses or an equivalent course of study in the province as approved by the board; or

             (b)  completed a program of education in another jurisdiction equivalent to an approved program of education for practical nurses in this province.

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Multiple examination failure and appeal

      10. (1) Candidates for licensure as a practical nurse may write the licensing examination up to 3 times within a 2 year period without being required to complete additional education, as required by the board.

             (2)  Candidates who fail the examination may, upon the payment of a fee, request that the registrar arrange for a rescoring of their examinations. 

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Approval of programs

      11. (1) The board may approve a program of education or course for practical nurses where

             (a)  the board has identified a need for the program or course;

             (b)  the philosophy and objectives of the program or course are acceptable to the board;

             (c)  the program or course meets the Standards and Criteria for Approval and Evaluation of Practical Nursing Programs adopted by the board;

             (d)  the board has approved

                      (i)  a person or institution proposing to offer or cause to be offered the program or course, and

                     (ii)  the curriculum and faculty qualifications for the program or course and the facility in which the program or course is offered; and

             (e)  the program or course complies with these regulations.

             (2)  Notwithstanding subsection (1), the board may grant provisional approval for an established program or course which does not meet the requirements of that subsection.

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Parent/satellite institutions

      12. The board may designate a person or institution approved under paragraph 11 (1)( d) as a parent institution and that parent institution may implement the offering of a program of education or course for practical nurses by or through a satellite institution provided that all the requirements of section 11 are met.

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Type of approval

      13. (1) An approval granted by the board for a program of education or course for practical nurses may be

             (a)  preliminary approval granted before

                      (i )  the beginning of a new program or course, or

                     (ii)  an initial offering of an established program or course;

             (b)  full approval or renewal granted for an established program or course; or

             (c)  provisional approval granted for an established program or course.

             (2)  An approval or renewal of a program of education or course for practical nurses shall be for a period of time as determined by the board.

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Program evaluation

      14. Every approved program of education or course for practical nurses shall be evaluated by the board in accordance with the Standards and Criteria for Approval and Evaluation of Practical Nursing Programs adopted by the board

             (a)  in the case of a program or course which has been granted a preliminary approval, during the first offering;

             (b)  in the case of a program or course which has been granted full approval, within the time period as determined by the board; and

             (c)  in the case of a program or course which has been granted provisional approval, during the period of time stipulated by the board for the program or course to meet the requirements of the Standards and Criteria for Approval and Evaluation of Practical Nursing Programs adopted by the board.

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Withdrawal of approval by board

      15. With respect to a program of education or course for practical nurses, an institution or person or a parent institution, the board may withdraw, cancel, refuse to renew or change the status of an approval where the board is satisfied that

             (a)  there is no longer a need for a program or course;

             (b)  an institution or person offering a program or course is failing to meet the requirements of the Standards and Criteria for Approval and Evaluation of Practical Nursing Programs adopted by the board; or

             (c)  an institution or person offering a program or course has failed to meet the requirements of the Standards and Criteria for Approval and Evaluation of Practical Nursing Programs adopted by the board, within the time stipulated by the board.

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Filing of an allegation

      16. (1) Within 30 days of receipt of an allegation the respondent shall be notified in writing that an allegation has been received.

             (2)  A respondent shall have 30 days from the notification of the allegation to respond to the complainant's allegation.

             (3)  The chairperson of the complaints authorization committee shall inform the respondent and the complainant within 120 days of receipt of the allegation whether the committee intends to conduct an investigation of the allegation under section 17 of the Act.

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Appointment of an adjudication tribunal

      17. An adjudication tribunal shall be appointed within 30 days of referral of the complaint to the disciplinary panel.

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Decision of the adjudication tribunal

      18. The written decision and orders of an adjudication tribunal shall be provided to the registrar and the respondent within 90 days of the completion of the hearing of the complaint by the adjudication tribunal.

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Repeal

      19. The Licensed Practical Nurses Regulations , Newfoundland and Labrador Regulation 59/99, are repealed.