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Newfoundland Regulation 1996


NEWFOUNDLAND REGULATION 10/96

NEWFOUNDLAND REGULATION 10/96

Nursing Assistants Regulations
under the
Nursing Assistants Act

(Filed February 6, 1996)

Under the authority of section 12 of the Nursing Assistants Act, the Council for Nursing Assistants, with the approval of the Minister of Health, makes the following regulations.

Dated at St. John's, January 31, 1996.

Brenda Fitzgerald
Chairperson of the Council for Nursing Assistants

Lloyd G. Matthews
Minister of Health

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Registration

        4.   Renewal of registration

        5.   Reinstatement of registration

        6.   Complaint

        7.   Notice of complaint

        8.   Membership of committee or council

        9.   Effect of suspension or cancellation

      10.   Right to appeal

      11.   Examinations

      12.   Application for examination

      13.   Persons to be examined

      14.   Multiple exam failure and appeal

      15.   Fees

      16.   Appointment of committees

      17.   Education programs

      18.   Standard to be identified

      19.   School or education program

      20.   Program evaluation

      21.   Curriculum

      22.   Learning environment

      23.   Faculty

      24.   Education program admission requirements

      25.   Repeal


Short title

        1. These regulations may be cited as the Nursing Assistants Regulations.

Definitions

        2. In these regulations

             (a)  "professional misconduct" includes, but is not limited to, the following:

                      (i)  abusing a patient verbally or physically while employed as a registered nursing assistant,

                     (ii)  misappropriating a patient's personal property,

                    (iii)  having a conflict of interest which affects the patient/nursing assistant relationship,

                    (iv)  influencing a patient to change his or her will,

                     (v)  abandoning a patient who is in need of attention,

                    (vi)  misappropriating drugs or other property belonging to an employer,

                   (vii)  failure to inform an employer of an inability to accept specific responsibilities in areas where special training is required or where the registered nursing assistant does not feel competent to function without supervision,

                  (viii)  failure to report the incompetence of colleagues whose actions endanger the health of a patient,

                    (ix)  failure to exercise discretion in respect of the disclosure of confidential information about a patient,

                     (x)  falsifying a record in respect of the observation or treatment of a patient, or

                    (xi)  conduct or an act relevant to the performance of services that, having regard to all the circumstances, would reasonably be regarded by the profession as dishonourable, unprofessional, or injurious to patient care; and

             (b)  "test of English as a foreign language" means English language test as required for applicants whose mother tongue is not English.

Registration

        3. (1) The requirements and qualifications for initial registration to practice as a nursing assistant are

             (a)  completion of an application form that shall be supplied by the council;

             (b)  proficiency in the English language that may be shown by oral interview and/or the passing of the test of English as a foreign language with a minimum score of 550;

             (c)  payment of the fees prescribed by the council in accordance with these regulations;

             (d)  within 5 years before the date of application, successful completion of a nursing assistant program of education or its equivalent or a refresher program for nursing assistants, all as approved by the council;

             (e)  for applicants who have successfully completed a nursing assistant program of education or its equivalent as approved by the council

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

                     (ii)  outside the province,

proof of successful completion of the Canadian Nurses' Association Testing Service Exam for nursing assistants with a minimum score of 350;

              (f)  for applicants who are registered as nursing assistants in a jurisdiction other than the province before the date of application for registration, proof of that registration in good standing or of eligibility for renewal of registration in that jurisdiction and satisfactory completion of an assessment and evaluation of credentials and work history, provided that the requirements of paragraph 4(2)(d) are met; and

             (g)  the provision of evidence of good character satisfactory to the council.

             (2)  For the purpose of initial registration, the council may in its discretion in exceptional circumstances accept a level of competence and training based on knowledge and experience equivalent to that specified in paragraphs 3(1)(d) and (e).

             (3)  Notwithstanding paragraph 3(1)(e), the Registrar of Nursing Assistants may issue a non‑renewable temporary registration for a period not exceeding 8 weeks following the first writing of the registering exam to an applicant who has met the other requirements of this section respecting registration or in other circumstances considered appropriate by the council.

Renewal of registration

        4. (1) The Registrar of Nursing Assistants shall distribute to each nursing assistant whose registration is current, at least 60 days before the end of the registration year, an application for renewal of registration.

             (2)  The registrar shall renew the certificate of any individual who

             (a)  is currently registered and in good standing;

             (b)  has submitted a completed application for renewal form;

             (c)  has paid the prescribed fee prior to the end of the current year and is not in arrears in the payment of any other fee; and

             (d)  has

              (i)  successfully completed within the last 5 years a nursing assistant program of education or its equivalent or a refresher program for nursing assistants, all as approved by the council,

             (ii)  worked as a registered nursing assistant for at least 60 days in the 2 registration years immediately preceding the year for which renewal of registration is sought,

            (iii)  worked as a registered nursing assistant for at least 150 days in the 5 registration years immediately preceding the year for which renewal of registration is sought, or

            (iv)  acted as the Registrar of the Council within the last 5 years, having successfully completed a nursing assistant program of education or its equivalent as approved by the council.

             (3)  The renewal of registration of a nursing assistant under these regulations shall be valid for a period of one year commencing on April 1 of the year in which the application for renewal is received and terminating on March 31 of the following year.

             (4)  The Registrar of Nursing Assistants shall remove from the register the name of a registered nursing assistant who has not paid in full the registration fee and arrears referred to in subsection (2) by March 31 of the current registration year.

Reinstatement of registration

        5. (1) Subject to these regulations, a nursing assistant who has held a certificate of registration from the council which has been cancelled as a result of disciplinary action by the council may apply for reinstatement 5 years after the cancellation with the approval of the council and may be reinstated subject to those terms and conditions as the council may set.

             (2)  A nursing assistant whose certificate of registration has been suspended as a result of disciplinary action by the council shall be reinstated, subject to the payment of all appropriate fees and fulfilment of the requirements of paragraph 4(2)(d) upon the expiration of the period of suspension and the satisfactory fulfilment of any conditions of reinstatement which may have been set by the council at the time of suspension of registration.

             (3)  A nursing assistant whose name has been removed from the register under paragraph 4(4) may be reinstated by submitting a completed application for reinstatement form and fulfilling the requirements of paragraphs 4(2)(c) and (d), by providing evidence of good character satisfactory to the council, and by paying a reinstatement fee as prescribed by the council.

             (4)  Where the nursing assistant has maintained registration in another jurisdiction, the days worked while so registered may be counted in full or partial satisfaction of the requirements of subparagraphs 4(2)(d)(ii) and (iii) provided that those days were worked within the time frames specified in those subparagraphs.

Complaint

        6. Every complaint against a registered nursing assistant shall be in writing and shall be signed by the complainant and shall in the first instance be referred to the council.

Notice of complaint

        7. The registered nursing assistant against whom a complaint is made shall be given at least 14 days' notice in writing of the specific complaint and of the time and place of the hearing.

Membership of committee or council

        8. A member of the discipline committee, or the council, which hears a complaint against a registered nursing assistant, shall not be an individual who has an interest in the outcome of the case or who, prior to the hearing, has expressed an opinion on the guilt or innocence of the registered nursing assistant against whom the complaint is made.

Effect of suspension or cancellation

        9. Upon suspension or cancellation of the registration of a person as a registered nursing assistant, that person shall cease to be a registered nursing assistant, and cease to be entitled to any of the privileges conferred by that registration.

Right to appeal

     10. When a person has been advised of the outcome of any discipline proceedings taken by the council or the discipline committee, the registrar shall also advise that person of the right to appeal that decision.

Examinations

     11. The council shall conduct, or cause to be conducted, examinations for the registering of nursing assistants at least once a year, at those times and places as the council prescribes.

Application for examination

     12. An applicant who wishes to write the examination for registration shall complete an application for examination and submit it, along with the prescribed fees, to the registrar.

Persons to be examined

     13. Subject to these regulations, the following persons shall be required to write the examination for registration:

             (a)  a person who has successfully completed an approved nursing assistant program of education in the province, following the proclamation of the Act;

             (b)  a person who has satisfied the council of successful completion of a program of education outside the province equivalent to an approved nursing assistant program of education in this province, and who has not written the registering examination as specified by the council; and

             (c)  a person approved by the council to write the examination.

Multiple exam failure and appeal

     14. (1) Candidates for registration as registered nursing assistants who fail to successfully pass the registering examination on 2 occasions within a 2 year period following the first writing shall not be permitted any further writings.

             (2)  Candidates who wish to appeal a failed grade on an examination paper may, upon the payment of the prescribed fee, apply to the registrar for re‑read of the paper.

Fees

     15. The following shall be the fees prescribed by the council:

 

Description

Fees

Annual registration fee

$ 85.00

Initial registration fee

150.00

Initial registration fee after January 1 in any year

82.10

Initial temporary registration certificate valid for 6 months, April 1 ‑ September 30 or October 1 ‑ March 31

150.00

Extension of temporary registration, October 1 ‑ March 31

10.70

Renewal of temporary registration, April 1 ‑ September 30

70.00

Reinstatement fee for temporary registration

26.75

Conversion from temporary registration to full registration

10.70

Registering examination fee

215.00

In‑country credential assessment/evaluation/work history

53.50

Out‑of‑country credential assessment/ evaluation/work history

107.00

Endorsement/verification fee

10.70

Reinstatement fee

26.75

Re‑read of examination paper

15.00

Appointment of committees

     16. (1) The council shall establish and appoint the following committees:

             (a)  disciplinary committee;

             (b)  education committee;

             (c)  registration committee;

             (d)  finance committee;

             (e)  human resources committee; and

              (f)  transfer of function mechanism committee.

             (2)  The council may establish other committees as the council considers necessary to further the aims and objectives of the Act.

             (3)  While one or more vacancies occur in the membership of the council or any committee, the members remaining constitute the council or committee so long as their number is not fewer than the prescribed quorum.

Education programs

     17. The school or education program shall

             (a)  assess the needs of the community in which the program is located in order to identify the need for the program;

             (b)  provide a rationale for the type of program selected;

             (c)  demonstrate a consistency between the program philosophy and objectives of the sponsoring agency; and

             (d)  demonstrate that during program development and implementation there is consultation with the council and with other groups whose support and input has significance for the program.

Standard to be identified

     18. The school or education program shall identify the degree of competence and skill that its graduates will be expected to have, and shall identify the situations in which the graduate will be prepared to practice.

School or education program

     19. The school or education program shall have an overall scheme for the program that

             (a)  describes the organizational structure of the program as it interacts with the parent institution;

             (b)  demonstrates the utilization of the 3 principles of curriculum design

              (i)  continuity,

             (ii)  sequence, and

            (iii)  integration;

             (c)  states the specific didactic and practicum objectives and the strategies used for objective attainment;

             (d)  describes the human and physical resources available for objective achievement;

             (e)  describes the policies and procedures governing the admission of students;

              (f)  describes the criteria for appointment of faculty members;

             (g)  describes the organization and role expectations of faculty and students; and

             (h)  describes the requirements for graduation from the program.

Program evaluation

     20. The school or education program shall describe the standards involved in the evaluation of students, faculty and the educational program by providing

             (a)  the policies and procedures of student progress, both formative and summative;

             (b)  the method of evaluation of faculty performance; and

             (c)  the criteria, methods and standards used to both evaluate and modify, where necessary, the education program.

Curriculum

     21. (1) Approved schools for nursing assistants shall meet the standard curriculum as the prescribed for nursing assistant programs in the province.

             (2)  The length of time allotted to the curriculum shall be

             (a)  a minimum of 10 months; or

             (b)  a period of time approved by the council containing

              (i)  a total of 1,100 hours, and

             (ii)  a ratio or one hour classroom work or 2 hours of practical work.

Learning environment

     22. The learning environment for instruction shall include

             (a)  sufficient classroom facilities;

             (b)  a demonstration room;

             (c)  adequate teaching aids and library resources; and

             (d)  a minimum ratio of one instructor per 10 students during the practicum.

Faculty

     23. The faculty shall include

             (a)  a program co‑ordinator with educational qualifications approved by the Board of Governors of Cabot Institute;

             (b)  instructors who shall be registered nurses with a minimum of 2 years professional experience, and who are active members in good standing with their professional associations; and

             (c)  didactic instructors who shall spend a minimum of 30 days per year in a clinical setting.

Education program admission requirements

     24. Requirements for admission to an education program for nursing assistants are as follows:

             (a)  a certificate of health from a medical practitioner on a specified form;

             (b)  written and verbal command of the English language; and

             (c)  provincial high school graduation certificate or its equivalent as assessed by the Department of Education, provided that the sponsoring agency may, in its discretion, set policies for the admission of mature students.

Repeal

     25. The Nursing Assistants Regulations, 1988, Newfoundland Regulation 120/88, are repealed.