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Statutes of Newfoundland 1993


CHAPTER 48

CHAPTER 48

AN ACT TO AMEND THE NURSING ASSISTANTS ACT

(Assented to December 17, 1993)

Analysis

1. S.2 Amdt.
Definitions

2. Ss.3 & 4 R&S
3. Council
4. Meetings of council

3. S.6 Amdt.
Functions of council

4. S.10 Amdt.
Disciplinary procedure

5. S.12 Amdt.
Regulations

6. S.13 R&S
Prohibition

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN 1990 cN-6

1. Section 2 of the Nursing Assistants Act is amended by adding immediately after paragraph (b) the following:

(b.1) "nursing assistant" means a person who undertakes or performs duties or services relating to the care of patients that is consistent with his or her training as approved by the council, or a person acting under the direction of a registered nurse, a qualified medical practitioner or a member of a health care profession approved by the minister, who

(i) performs procedures or treatments prescribed or ordered by a registered nurse, medical practitioner or member of a health care profession approved by the minister,

(ii) undertakes or assists in the care of subacutely ill, chronically ill, custodial and convalescent patients, or

(iii) assists registered nurses in the care of acutely ill patients,

but this definition shall not be construed as being an approval of the delegation and direction of nursing functions by a person other than a registered nurse, but functions which may be performed by a qualified medical practitioner or a member of a health care profession approved by the minister, other than a registered nurse or a registered nursing assistant, may be delegated and directed by a member of that health care profession;

2. Sections 3 and 4 of the Act are repealed and the following substituted:

Council

3. (1) There is established, as a corporation, a council to be known as the Council for Nursing Assistants.

(2) The council shall consist of no more than 10 members appointed by the minister, of whom

(a) 5 shall be registered nursing assistants appointed at large;

(b) 2 shall be nominated by the Ministers of Health and Education to represent their respective departments;

(c) 1 shall be appointed from a list of 2 nominees supplied by the Association of Registered Nurses of Newfoundland;

(d) 1 shall be appointed from a list of 2 nominees supplied by the Newfoundland Hospital and Nursing Home Association; and

(e) 1 shall be appointed from the general public as chairperson.

(3) The members of the council serving on the coming into force of this section shall continue to hold office until members are appointed under this section.

(4) Each member of the council shall be appointed for a period no longer than 3 years and may continue in office for further 3 year periods but no member of the council may serve for a continuous period greater than 9 years.

(5) Notwithstanding subsection (4), of the members first appointed under this section

(a) 3 shall be appointed for a term of 1 year;

(b) 3 shall be appointed for a term of 2 years; and

(c) 3 shall be appointed for a term of 3 years

and thereafter each member shall be appointed for a term of up to 3 years.

(6) Notwithstanding subsections (4) and (5), a person appointed to the council under this section shall continue to hold office until he or she is reappointed or replaced.

(7) A person named to fill a vacancy in the council shall be appointed in the same manner as the person being replaced and serve only for the remainder of the term of office of the member being replaced.

(8) A person appointed under subsection (7) is eligible for reappointment under this section.

(9) The members of the council shall be reimbursed by the council for travel expenses incurred in relation to meetings and the work of the council in accordance with a scale for expenses of public servants existing at the time the expense is incurred.

(10) The board shall be responsible to the minister.

Meetings of council

4. (1) Five members of the council constitute a quorum for a meeting of the council.

(2) A decision of a majority of the members in attendance at a meeting shall be the decision of the council and in the event of a tie the chairperson or in the absence of the chairperson, the vice-chairperson shall have a 2nd and deciding vote.

(3) In the absence of the chairperson the members in attendance at a meeting of the council shall by a majority vote appoint a vice-chairperson from among those in attendance at that meeting.

3. Paragraph 6(b) of the Act is repealed and the following substituted:

(b) to evaluate programs for the education of nursing assistants in the province at least once every 3 years in order to determine whether these programs are operating in compliance with the prescribed standards;

4. Subsection 10(1) of the Act is repealed and the following substituted:

Disciplinary procedure

10. (1) The council shall appoint a disciplinary committee consisting of at least 1 member of the council together with those other persons as the council may decide, but at least 1 member of the committee and of a quorum of the committee shall be a registered nursing assistant.

5. Section 12 of the Act is amended by adding immediately after paragraph (g) the following:

(g.1) respecting the adoption of a code of ethics and professional conduct for nursing assistants;

6. Section 13 of the Act is repealed and the following substituted:

Prohibition

13. No person, except a nursing assistant registered under this Act shall

(a) practise or hold himself or herself out as being entitled to practise as a nursing assistant;

(b) use the titles "nursing assistant" or "registered nursing assistant"; or

(c) use a name, title or designation or act in a manner that expressly or otherwise might lead to the belief that the person is registered as a nursing assistant under this Act.

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