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Newfoundland Regulation 1999 Licensed Practical Nurses Regulations (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 Jane
Helleur Joan Marie
Alyward 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 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 (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 days' 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. ©Earl G. Tucker, Queen's Printer |