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Newfoundland Regulation 1999


NEWFOUNDLAND REGULATION 59/99

NEWFOUNDLAND REGULATION 59/99

Licensed Practical Nurses Regulations
under the
Licensed Practical Nurses Act

(Filed June 25, 1999)

Under the authority of section 12 of the Licensed Practical Nurses Act, the Council for Licensed Practical Nurses, with the approval of the Minister of Health and Community Services, makes the following regulations.

Dated at St. Johnís, June 14, 1999.

Jane Helleur
Chairperson Council for Licensed Practical Nurses

Joan Marie Alyward
Minister Health and Community Services

REGULATIONS

Analysis


††††††† 1. Short title

††††††† 2. Interpretation

††††††† 3. Requirements and qualifications for licensure

††††††† 4. Licensure

††††††† 5. Licence renewal

††††††† 6. Reinstatement of licensure

††††††† 7. Complaint

††††††† 8. Notice of complaint

††††††† 9. Membership of committee or council

††††† 10. Right to appeal

††††† 11. Examinations

††††† 12. Application for examination

††††† 13. Persons to be examined

††††† 14. Multiple exam failure and appeal

††††† 15. Appointment of committees

††††† 16. Educational programs

††††† 17. Approval of programs

††††† 18. Parent/satellite institutions

††††† 19. Educational program or course

††††† 20. Program evaluation

††††† 21. Withdrawal of approval by council

††††† 22. Professional misconduct

††††† 23. Repeal


Short title

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

Interpretation

††††††† 2. (1) In these regulations

†††††††††††† (a)"satellite institution" means a person or institution other than a parent institution designated by the council under section 18; and

†††††††††††† (b)"Test of English as a Foreign Language" means a standard English language test as approved by the council.

†††††††††††† (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 council.

Requirements and qualifications for licensure

††††††† 3. (1) The requirements and qualifications for a licence to practice as a practical nurse are

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

†††††††††††† (b)proficiency in the English language that may be shown by oral interview or the passing of the Test of English as a Foreign Language with a minimum score of 550;

†††††††††††† (c)payment of the fees set by the council;

†††††††††††† (d)within 5 years before the date of application, successful completion of a basic practical nurse program of education or its equivalent or a refresher program for practical nurses, as approved by the council;

†††††††††††† (e)for applicants who have successfully completed a basic practical nurse 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 a licensing or registering examination for practical nurses as approved by the council;

††††††††††††† (f)for applicants who are licensed practical nurses or registered nursing assistants in a jurisdiction other than this province before the date of application,

††††††††††††††††††††† (i)proof of that licensure or registration in good standing or of eligibility for renewal of licensure or registration in that jurisdiction,

†††††††††††††††††††† (ii)satisfactory completion of an assessment and evaluation of credentials and work history, and

††††††††††††††††††† (iii)proof that the applicant has worked as a licensed practical nurse or registered nursing assistant for

††††††††††††††††††††††††††† (A)at least 60 days in the 2 years immediately preceding the licensing year for which the application is submitted, or

††††††††††††††††††††††††††† (B)at least 150 days in the 5 years immediately preceding the licensing year for which the application is submitted; and

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

†††††††††††† (2)Notwithstanding paragraph 3(1)(e), the Registrar of Licensed Practical Nurses may issue a non-renewable temporary licence for a period not exceeding 8 weeks following the first writing of the licensing exam to an applicant who has met the other requirements of this section respecting licensure or in other circumstances considered appropriate by the council.

Licensure

††††††† 4. A person who meets the requirements of section 3 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.

Licence renewal

††††††† 5. (1) The registrar may renew the licence of a practical nurse who applies for renewal and pays the set fee if the practical nurse has

†††††††††††† (a)within the previous 5 years, successfully completed a basic practical nurse program of education or its equivalent or a refresher program for practical nurses, as approved by the council;

†††††††††††† (b)worked as a licensed practical nurse for at least 60 days in the 2 years immediately preceding the licensing year for which renewal is sought;

†††††††††††† (c)worked as a licensed practical nurse for at least 150 days in the 5 years immediately preceding the licensing year for which renewal is sought; or

†††††††††††† (d)acted as registrar of the council within the previous 5 years and has successfully completed a basic practical nurse program of education or its equivalent as approved by the council.

†††††††††††† (2)A licence shall expire on March 31 in a year, and where a person satisfies the requirements of subsection (1) 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 of Licensed Practical Nurses may remove from the register the name of a licensed practical nurse who has not paid in full the required registration fee including any arrears by March 31 of the current registration year.

Reinstatement of licensure

††††††† 6. (1) A practical nurse who has held a licence 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 that the council may set.

†††††††††††† (2)A licensed practical nurse whose licence has been suspended as a result of disciplinary action by the council may be reinstated, subject to the payment of all appropriate fees 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 the licence.

†††††††††††† (3)A licensed practical nurse whose name has been removed from the register for failure to meet the requirements of section 5 may be reinstated

†††††††††††† (a)by submitting a completed application for reinstatement form;

†††††††††††† (b)by paying a reinstatement fee set by the council and all outstanding registration fees, including any arrears; and

†††††††††††† (c)if required by the council, by providing evidence of good character satisfactory to the council.

†††††††††††† (4)A practical nurse whose licence in the province has lapsed while he or she has maintained licensure or registration in another jurisdiction may apply for reinstatement of licensure, and the time worked in the other jurisdiction may count towards the time requirement in section 5 provided that the time was worked as required by that section.

Complaint

††††††† 7. A complaint against a licensed practical nurse 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

††††††† 8. The licensed practical nurse against whom a complaint is made shall

†††††††††††† (a)be given at least 14 daysí notice in writing of the time and place of a hearing; and

†††††††††††† (b)be provided with the written specifics of the complaint.

Membership of committee or council

††††††† 9. A member of the discipline committee, or the council, who hears a complaint against a licensed practical nurse, 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 licensed practical nurse against whom the complaint is made.

Right to appeal

†††† 10. When a person against whom a complaint has been made is 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 licensing of practical nurses at least once a year, at those times and places as determined by the council.

Application for examination

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

Persons to be examined

†††† 13. A person

†††††††††††† (a)who has successfully completed an approved practical nurse program of education or an equivalent course of study in the province; or

†††††††††††† (b)who has completed a program of education in another jurisdiction equivalent to an approved practical nurse program of education in this province

may be permitted to write the licensing examination.

Multiple exam failure and appeal

†††† 14. (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 council.

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

Appointment of committees

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

†††††††††††† (a)disciplinary committee;

†††††††††††† (b)education committee;

†††††††††††† (c)licensing committee; and

†††††††††††† (d)finance committee.

†††††††††††† (2)The council may establish the other committees that it 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 remaining members constitute the council or committee so long as their number is not fewer than the prescribed quorum.

Educational programs

†††† 16. The council may stipulate that the successful completion of any educational program or course is a mandatory pre-requisite for licensure, continued licensure, renewal of licensure or reinstatement of licensure, including the completion of

†††††††††††† (a)a basic educational program or course for practical nurses;

†††††††††††† (b)a post-basic educational program or course for practical nurses;

†††††††††††† (c)a refresher educational 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)any other educational program or course for practical nurses.

Approval of programs

†††† 17. (1) The council may approve an educational program or course for licensed practical nurses where

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

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

†††††††††††† (c)the program or course meets the Standards and Criteria for Approval and Evaluation of Practical Nursing Programs adopted by the council in 1996;

†††††††††††† (d)the council 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 a program or course is offered; and

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

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

Parent/satellite institutions

†††† 18. (1) The council may designate a person or institution approved under paragraph 17(1)(d) as a parent institution and that parent institution may implement the offering of an educational program or course by or through a satellite institution provided that all the requirements of section 17 are met.

Educational program or course

†††† 19. (1) An approval granted by the council for an educational program or course may be

†††††††††††† (a)preliminary approval granted prior to

††††††††††††††††††††† (i)the beginning of a new educational 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)In no case shall an approval or a renewal be for a period of time in excess of 3 years.

Program evaluation

†††† 20. Every approved educational program or course shall be evaluated by the council in accordance with the Standards and Criteria for Approval and Evaluation of Practical Nursing Programs adopted by the council in 1996

†††††††††††† (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, at least once every 3 years to ensure compliance with the standards of section 17; and

†††††††††††† (c)in the case of a program or course which has been granted provisional approval, during the period of time stipulated by the council for the program or course to meet the requirements of section 17.

Withdrawal of approval by council

†††† 21. With respect to an educational program or course, an institution or person or a parent institution, the council may withdraw, cancel, refuse to renew or change the status of an approval where the council 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 section 17; or

†††††††††††† (c)an institution or person offering a program or course has failed to meet the requirements of section 17 within the time stipulated by the council.

Professional misconduct

†††† 22. Professional misconduct includes but is not limited to

†††††††††††† (a)contravening a provision of the Act or the regulations;

†††††††††††† (b)failing to abide by the terms, conditions or limitations of a licence as a practical nurse;

†††††††††††† (c)abusing a client verbally, physically, sexually or emotionally;

†††††††††††† (d)having a conflict of interest which affects the client/licensed practical nurse relationship;

†††††††††††† (e)influencing a client to change his or her will, advance health care directive or power of attorney;

††††††††††††† (f)abandoning a client who is in need of attention;

†††††††††††† (g)misappropriating drugs or other property belonging to a client or an employer;

†††††††††††† (h)failing to inform an employer of an inability to accept specific responsibilities in areas where special training is required or where the licensed practical nurse does not feel competent to function without supervision;

††††††††††††† (i)failing to report the incompetence, negligence or professional misconduct of colleagues whose actions endanger the health of a client;

††††††††††††† (j)failing to exercise discretion in respect of the disclosure of confidential information about a client;

†††††††††††† (k)falsifying a record in respect of the observation or treatment of a client;

††††††††††††† (l)failing to maintain the standards of practice and the code of ethics of the profession; or

††††††††††† (m)any 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 client care.

Repeal

††††† 23. The Nursing Assistants Regulations, Newfoundland Regulation 10/96, are repealed.