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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

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 ;

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

             (c)  "standards committee" means the nurse practitioner standards committee established by the association under section 37 of the Act.

66/13 s2

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 approved by 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 he or she

                      (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 his or her conviction;

             (h)  submit evidence satisfactory to the council that he or she 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)  A person applying to be registered as a registered nurse who obtained his or her education in another jurisdiction in Canada shall, in addition to the requirements in subsection (1), provide a letter of good standing from each jurisdiction where he or she is registered or licensed.

             (3)  A person applying to be registered as a registered nurse who obtained his or her nursing education outside Canada shall, in addition to the requirements in subsection (1),

             (a)  submit a transcript from the educational institution where he or she completed his or her nursing education;

             (b)  provide written confirmation of the contents of the nursing education program he or she completed, including hours spent in each area of the program and other information required by the council;

             (c)  submit a letter of good standing from each jurisdiction where he or she is currently, or was previously, registered or licensed; and

             (d)  submit a professional reference satisfactory to the council.

             (4)  The documentation required in paragraphs 3(a) and (b) shall be submitted to the council directly from the educational institution where the person completed his or her nursing education.

             (5)  Notwithstanding subsection (3), a person applying to be registered to practice nursing, who

             (a)  obtained his or her nursing education outside Canada ;

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

             (c)  cannot provide evidence satisfactory to the council of his or her nursing education or his or her registration from each jurisdiction where he or she is currently, or was previously, registered or licensed

may be registered in accordance with subsection  (6).

             (6)  A person referred to in subsection (5) may be registered where he or she

             (a)  satisfies all other registration requirements;

             (b)  successfully completes an assessment of his or her 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 required in subsections (2) and (3) 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

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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

he or she 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 his or her name shall be removed from the provisional register and entered in the registered nurse's register.

66/13 s4; 58/16 s1

PART II
LICENSURE

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Registered nurse licence

        5. (1) A person may be granted a registered nurse licence where he or she

             (a)  submits an application in the prescribed form;

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

             (c)  provides proof that he or she

                      (i)  successfully completed a nursing education program approved by 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

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Interim licence

        6. (1) A person who is registered on the provisional register may be granted an interim licence to practise nursing.

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

             (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

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Exam failure-registered nurse

        7. (1) Where a person fails a first writing of the approved registered nurse examination his or her interim licence shall be revoked but he or she 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 his or her interim licence granted under subsection (1) shall be revoked but he or she may remain registered on the provisional register.

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

58/16 s3

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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 he or she

                      (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)  In addition to the requirements in this section, where the registered nurse provides care to a patient but is not an employee of a regional health authority, he or she shall submit a declaration stating

             (a)  that he or she has an arrangement with a physician for the purpose of consultation with respect to the care of a patient;

             (b)  the name and address of the physician;

             (c)  the date he or she entered into the arrangement with the physician; and

             (d)  that the care of a patient may be transferred to the physician.

             (4)  A registered nurse shall immediately notify the council where there is a change in the information provided in subsection (3).

66/13 s8; 29/14 s1; 65/17 s3

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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 he or she meets the requirements in paragraph 8(1)(b) but does not meet the requirements in paragraph 8(1)(a) because he or she has not written the approved registered nurse practitioner examination or is awaiting the results of the approved nurse practitioner examination.

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

             (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

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Exam failure - nurse practitioner

      10. (1) Where a registered nurse fails the approved nurse practitioner examination his or her 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

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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 his or her 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

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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 he or she 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 his or her 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 he or she has successfully completed the program of continuing competency required by the council;

             (d)  a letter of good standing from each jurisdiction where he or she was registered or licensed in the 12 month period preceding the submission of his or her renewal application; and

             (e)  proof that he or she

                      (i)  successfully completed a nursing education program approved by 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)  Notwithstanding subparagraph (1)(e)(iv), a person shall not be granted a renewal of his or her licence where he or she

             (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 his or her 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 his or her licence subject to the conditions prescribed by the council.

66/13 s12; 58/16 s4; 65/17 s6

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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), subsection 8(3) where applicable and paragraphs 12(1)(a) to (e).

65/17 s7

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 standards committee;

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

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

             (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

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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 he or she 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

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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 his or her registration, licence or interim licence by the council.

72/15 s3

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Transitional

   19.1 (1) Where

             (a)  a person obtained his or her nursing education in Canada ;

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

             (c)  he or she 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 he or she graduated from an approved baccalaureate nursing education program.

             (2)  Where

             (a)  a person obtained his or her nursing education outside Canada ;

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

             (c)  he or she 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 he or she was originally placed on the provisional register.

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

65/17 s11

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Repeal

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

66/13 s20