NEWFOUNDLAND REGULATION 107/24

NLR 66/13
as amended

1. Subsection 3(1) of the Registered Nurses Regulations is repealed and the following substituted:

Registration of registered nurses

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 satisfactory to 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 the person

(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, the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country or the details of the conviction;

(h) submit evidence satisfactory to the council that the person 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. The regulations are amended by adding immediately after section 3 the following:

Registration of registered psychiatric nurses

3.1 (1) A person applying to be registered as a registered psychiatric nurse shall

(a) complete an application in the prescribed form;

(b) submit satisfactory proof of the successful completion of a psychiatric nursing education program satisfactory to the council;

(c) submit satisfactory proof of the successful completion of a registered psychiatric nurse examination approved by the council;

(d) submit identification documents, including photo identification, satisfactory to the council;

(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 the person

(i) has capacity and is fit to engage in the practice of psychiatric nursing,

(h) submit evidence satisfactory to the council that the person 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) In addition to the requirements in subsection (1), the council may require a person applying to be registered as a registered psychiatric nurse whose psychiatric nursing education was obtained in another jurisdiction to provide a letter of good standing from one or more of the jurisdictions where the person is currently, or was previously, registered or licensed.

(3) A person applying to be registered as a registered psychiatric nurse whose psychiatric nursing education was obtained outside Canada and who, at the time of application, is not registered or licensed in Canada shall, in addition to the other requirements in this section,

(a) submit a transcript from the educational institution where the person's psychiatric nursing education was completed; and

(b) where required by the council, submit a professional reference satisfactory to the council.

(4) The documentation required in paragraph (3)(a) shall be submitted to the council directly from

(a) the educational institution where the person's psychiatric nursing education was completed; or

(b) an educational credential assessment service approved by the council.

(5) Notwithstanding subsections (2) and (3), a person applying to be registered to practise psychiatric nursing may be registered in accordance with subsection (6) where all of the following apply:

(a) the person's psychiatric nursing education was obtained outside Canada;

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

(c) the person cannot provide evidence satisfactory to the council of the person's psychiatric nursing education or registration from each jurisdiction where the person is currently, or was previously, registered or licensed.

(6) A person referred to in subsection (5) may be registered where the person

(a) satisfies all other registration requirements;

(b) successfully completes an assessment of the person’s psychiatric nursing education and competencies; and

(c) where required by the council, successfully completes a program of psychiatric nursing education prescribed by the council.

(7) The letter of good standing referred to in subsection (2) 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.

3. (1) Subsection 4(1) of the regulations is repealed and the following substituted:

Provisional registration of registered nurses

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,

the person may be registered in the provisional register.

(2) Subsection 4(4) of the regulations is amended by deleting the word "nurse's" and substituting the word "nurse".

4. The regulations are amended by adding immediately after section 4 the following:

Provisional registration of registered psychiatric nurses

4.1 (1) Where a person applying to be registered as a registered psychiatric nurse is unable to

(a) submit satisfactory proof of the successful completion of the registered psychiatric nurse examination approved by the council; or

(b) provide a professional reference, where required,

the person 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 the person’s name shall be removed from the provisional register and entered in the registered psychiatric nurse register.

5. Subparagraph 5(1)(c)(iv) of the regulations is amended by deleting the words "practicing licence" and substituting the words "registered nurse licence".

6. The regulations are amended by adding immediately after section 5 the following:

Registered psychiatric nurse licence

5.01 (1) A person may be granted a registered psychiatric nurse licence where the person

(a) submits an application in the prescribed form;

(b) meets the requirements in subsection 14(5) of the Act; and

(i) successfully completed a psychiatric nursing education program satisfactory to the council within the 36 month period immediately preceding the application for a licence,

(ii) practised as a registered psychiatric 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 psychiatric nursing re-entry program within the preceding 60 month period, or

(iv) is enrolled and participating in a baccalaureate psychiatric nursing education program or graduate or doctoral program in psychiatric nursing or in a health-related discipline recognized by the council and at the date of admission to the program was eligible for a registered psychiatric nurse 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.

7. (1) Subsection 5.1(1) of the regulations is amended by adding immediately after the words "nursing services" the words "or psychiatric nursing services".

(2) Subsection 5.1(2) of the regulations is amended by deleting the words "registration and licence" and substituting the words "registration and registered nurse licence".

(3) Section 5.1 of the regulations is amended by adding immediately after subsection (2) the following:

(2.1) A person may be issued an emergency registration and registered psychiatric nurse licence for a period of time determined by the executive director or the council where the person

(a) provides proof satisfactory to the executive director or the council that the person

(i) is licensed to practice psychiatric nursing in another jurisdiction in Canada,

(ii) has successfully completed a psychiatric nursing education program satisfactory to the council in Canada within the past 12 months and has not failed a writing of the approved registered psychiatric nurse examination, or

(iii) was previously licensed to practice psychiatric nursing in the province;

(b) provides proof satisfactory to the executive director or the council that the person’s licence has not been revoked, suspended or restricted or has conditions attached by reasons of disciplinary or other regulatory measures in another jurisdiction;

(d) satisfies any other requirements as the executive director or the council may determine are necessary and practicable in the circumstances.

(4) Subsection 5.1(3) of the regulations is amended by deleting the reference "subsection (2)" and substituting the reference "subsection (2) or (2.1)".

(5) Subsection 5.1(4) of the regulations is amended by deleting the reference "subsection (2)" and substituting the reference "subsection (2) or (2.1)".

(6) Subsection 5.1(5) of the regulations is amended by deleting the reference "subsection (2)" and substituting the reference "subsection (2) or (2.1)".

8. (1) Subsection 6(1) of the regulations is repealed and the following substituted:

Interim registered nurse licence

6. (1) A person may be granted an interim registered nurse licence where

(a) the person is registered on the provisional register;

(b) the person

(i) is registered in accordance with section 3,

(ii) previously held a registered nurse licence but no longer holds that licence, and

(iii) meets the requirements in paragraphs 5(1)(a) and (b) but does not meet the requirements in paragraph 5(1)(c); or

(c) the person has successfully completed the registered nurse examination approved by the council but does not meet the requirements in paragraph 5(1)(c).

(2) Subsection 6(2) of the regulations is amended by deleting the words "interim licence" wherever they appear and substituting the words "interim registered nurse licence".

(3) Subsection 6(2.1) of the regulations is amended by

(a) deleting the words "interim licence" wherever they appear and substituting the words "interim registered nurse licence"; and

(b) deleting the reference "paragraph 6(1)(b)" and substituting the reference "paragraph 6(1)(b) or (c)".

(4) Subsection 6(3) of the regulations is amended by deleting the words "interim licence" and substituting the words "interim registered nurse licence".

(5) Subsection 6(4) of the regulations is amended by deleting the words "interim licence" and substituting the words "interim registered nurse licence".

9. The regulations are amended by adding immediately after section 6 the following:

Interim registered psychiatric nurse licence

6.1 (1) A person may be granted an interim registered psychiatric nurse licence where

(a) the person is registered on the provisional register;

(b) the person

(i) is registered in accordance with section 3.1,

(ii) previously held a registered psychiatric nurse licence but no longer holds that licence, and

(iii) meets the requirements in paragraphs 5.01(1)(a) and (b) but does not meet the requirements in paragraph 5.01(1)(c); or

(c) the person has successfully completed the registered psychiatric nurse examination approved by the council but does not meet the requirements in paragraph 5.01(1)(c).

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

(3) Where a person is granted an interim registered psychiatric nurse licence under paragraph 6.1(1)(b) or (c), the person shall

(a) practise as a registered psychiatric nurse for at least 450 hours within the 24 month period following the date of issuance of the interim registered psychiatric nurse licence or another time approved by the council; and

(b) provide proof satisfactory to the council of an employer sponsor.

(4) An interim registered psychiatric nurse licence is valid from the date of issuance until the date specified in the licence unless suspended or revoked earlier.

(5) An interim registered psychiatric nurse licence may, with the approval of the council, be renewed for a maximum of 2 years from the date of issuance.

10. Subsection 7(1) of the regulations is repealed and the following substituted:

Exam failure-registered nurse

7. (1) Where a person fails a first writing of the approved registered nurse examination, the person’s interim registered nurse licence shall be revoked but the person may remain registered on the provisional register and may be granted a further interim registered nurse licence subject to the conditions and restrictions determined by the council.

11. The regulations are amended by adding immediately after section 7 the following:

Exam failure-registered psychiatric nurse

7.01 (1) Where a person fails a first writing of the approved registered psychiatric nurse examination, the person’s interim registered psychiatric nurse licence shall be revoked but the person may remain registered on the provisional register and may be granted a further interim registered psychiatric nurse licence subject to the conditions and restrictions determined by the council.

(2) Where a person fails a second writing of the approved registered psychiatric nurse examination the person’s interim licence granted under subsection (1) shall be revoked but the person may remain registered on the provisional register.

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

12. (1) Section 7.1 of the regulations is amended by adding immediately after subsection (1) the following:

(1.1) A licence issued to a registered psychiatric nurse under section 5.01 may include the authority to prescribe where the registered psychiatric nurse provides the following:

(a) satisfactory proof of the successful completion of a registered psychiatric nurse prescribing education program approved by the council;

(b) proof satisfactory to the council of an employer sponsor; and

(c) a declaration from the registered psychiatric nurse stating that the registered psychiatric nurse will only prescribe in accordance with the standards established by the council.

(2) Subsection 7.1(2) of the regulations is amended by adding immediately after the word "nurse" the words "or registered psychiatric nurse".

13. Subsection 11(1) of the regulations is amended by

(a) deleting the words "registered nurse" and substituting the word "registrant"; and

(b) deleting the words "registered nurse's" and substituting the word "registrant's".

14. (1) Subsection 12(1) of the regulations is amended by

(a) deleting the words "licence to practise nursing" and substituting the words "registered nurse licence";

(b) deleting the reference "Criminal Code (Canada)" wherever it appears and substituting the reference "Criminal Code"; and

(2) Subsection 12(1.1) of the regulations is amended by deleting the words "licence to practise nursing" and substituting the words "registered nurse licence".

(3) Subsection 12(2) of the regulations is amended by deleting the words "person's licence" wherever they appear and substituting the words "person's registered nurse licence".

(4) Subsection 12(3) of the regulations is amended by deleting the words "person's licence" and substituting the words "person's registered nurse licence".

(5) Subsection 12(4) of the regulations is amended by deleting the words "licence to practise nursing" and substituting the words "registered nurse licence".

15. The regulations are amended by adding immediately after section 12 the following:

Renewal of registered psychiatric nurse licence

12.1 (1) A person applying for a renewal of a registered psychiatric nurse licence shall submit

(a) a renewal application in the prescribed form;

(b) a declaration stating

(i) that the person has never been convicted of an offence under the Criminal Code, the Controlled Drugs and Substances Act (Canada) or a similar penal statute, or

(ii) the details of the person’s convictions under the Criminal Code, the Controlled Drugs and Substances Act (Canada) or a similar penal statute;

(c) proof satisfactory to the council that the person has successfully completed the program of continuing competency required by the council;

(d) proof that the person

(i) successfully completed a psychiatric nursing education program satisfactory to the council within the 36 month period immediately preceding the application for a licence,

(ii) practised as a registered psychiatric 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 psychiatric nursing re-entry program within the preceding 60 month period, or

(2) In addition to the requirements in subsection (1), the council may require a person applying for a renewal of a registered psychiatric nurse licence to provide a letter of good standing from one or more of the jurisdictions where the person was registered or licensed in the 12 month period preceding the submission of the person's renewal application.

(3) Notwithstanding subparagraph (1)(d)(iv), a person shall not be granted a renewal of the person’s registered psychiatric nurse licence where the person

(a) is enrolled in a baccalaureate psychiatric nursing education program or a graduate or doctoral program in psychiatric nursing or in a health-related discipline for more than 5 years; and

(b) has had the person’s registered psychiatric nurse licence renewed each year for the preceding 5 year period.

(4) Notwithstanding paragraph (1)(c), a person who has not completed the continuing competency program may be granted a renewal of the person’s registered psychiatric nurse licence subject to the conditions prescribed by the council.

(5) Where a registered psychiatric nurse licence referred to in subsection (1) includes authority to prescribe, the person applying for a renewal shall, in addition to the requirements in subsection (1),

(a) submit proof satisfactory to the council of an employer sponsor; and

(b) provide a declaration that the person will only prescribe in accordance with the standards established by the council.

16. (1) Subsection 17(1) of the regulations is amended by deleting the word "members" and substituting the word "registrants".

(2) Subsection 17(2) of the regulations is amended by deleting the word "members'" and substituting the word "registrants'".

(3) Subsection 17(3) of the regulations is amended by deleting the word "Members" and substituting the word "Registrants".

17. Section 18 of the regulations is amended by adding immediately after subsection (2) the following:

(3) The council shall approve a program of education for registered psychiatric 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 psychiatric nurses and achieve the council’s required competencies of a registered psychiatric nurse.

18. Subsection 19(2) of the regulations is amended by

(a) deleting the word "member" and substituting the word "registrant"; and

(b) deleting the word "member's" and substituting the word "registrant's".

19. These regulations come into force on January 1, 2025.