Statutes of Newfoundland 1996 Chapter 16

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Statutes of Newfoundland 1996

CHAPTER 16 CHAPTER 16

AN ACT TO AMEND THE REGISTERED NURSES ACT
(Assented to December 19, 1996)

Analysis

1. S.2 Amdt.
Definitions

2. S.6 R&S
Council

3. S.7 Amdt.
By-laws

4. S.8 R&S
Licensing and membership

5. S.9 R&S
Schools of nursing

6. S.11 Amdt.
Admission to school of nursing

7. S.12 Amdt.
Board of examiners

8. S.13
R&S Registers of nurses

9. S.15 R&S
Fees

10. S.16 Amdt.
Requirements to practise

11. S.17 Amdt.
Right to recover fees

12. S.18 Amdt.
Penalties

13. S.19 Rep.
Sustaining membership

14. S.21 Amdt.
Revocation of registration

15. S.24 Amdt.
Offence

16. S.25 Amdt.
Penalty

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

RSN1990 cR-9 as amended

1. (1) Section 2 of the Registered Nurses Act is amended by renumbering paragraph (a) as (a.1) and by adding the following immediately before that paragraph:

(a) "annual licence" means a licence issued to a member under subsection 8(2);

(2) Paragraph 2(d) of the Act is amended by deleting the word "secretary" and substituting the word "director".

(3) Paragraph 2(e) of the Act is repealed and the following substituted:

(e) "member" means a person who is a registered member of the association under subsection 8(1);

(e.1) "member in good standing" means a member who holds an annual licence or who has been granted non-practising membership;

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 Section 6 of the Act is repealed and the following substituted:

Council

6. (1) There shall be a council of the association which shall conduct the affairs of the association between meetings of the association.

(2) The council shall consist of

(a) that number of persons elected from among the members who hold annual licences as the by-laws may provide; and

(b) 2 persons who are not members and who are appointed by the minister.

(3) The council shall appoint an executive director to carry out the duties assigned by this Act and the by-laws of the association.

3. Subsection 7(2) of the Act is amended by adding immediately after the word "member" the phrase "in good standing".

4. Section 8 of the Act is repealed and the following substituted:

Licensing and membership

8. (1) Upon payment of the fee required by the by-laws registration as a member of the association shall be granted to

(a) all nurses from outside the province who apply for registration as members and who have acceptable registration or licensure in another jurisdiction and qualifications and competency equivalent to those required by this Act and the by-laws; and

(b) all nurses who graduate from approved schools of nursing in this province, when they have passed the nurse registration examinations adopted by the board.

(2) An annual licence to practice nursing shall be issued to all nurses who

(a) have been registered under subsection 8(1);

(b) meet all requirements for licensing or renewal of licensing set out in the Act and the by-laws;

(d) whose registration or licence to practice nursing is not suspended or revoked in another jurisdiction.

(3) Non-practising membership may be granted annually to members who do not hold annual licences on the terms that may be set out in the by-laws of the association.

5. Section 9 of the Act is repealed and the following substituted:

Schools of nursing

9. The council shall approve schools of nursing that meet those requirements that may be adopted by the council.

6. (1) Subsection 11(1) of the Act is repealed and the following substituted:

Admission to school of nursing

11. (1) All applicants for admission to schools of nursing shall have successfully completed the Grade 12 course or its equivalent.

(2) Subsection (2) is amended by deleting the phrase "Paragraph (1)(b)" and substituting the phrase "Subsection (1)" and by deleting the phrase "as certified by the Department of Education of the province" and the commas before and after that phrase.

7. (1) Subsection 12(1) and (2) of the Act are repealed and the following substituted:

Board of examiners

12. (1) The council shall appoint a board of examiners which shall consist of that number of members and who shall hold office for the term that may be set out in the by-laws.

(2) The board shall select the chairperson from among its membership.

(2) Subsection 12(4) of the Act is repealed and the following substituted:

(4) The duties of the board are

(a) to oversee all matters related to the conduct of nurse registration examinations as prescribed by the Canadian Nurses Association or otherwise and adopted by the board; and

(b) to monitor and to make recommendations in relation to nurse examination results.

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

Registers of nurses

13. (1) The council shall keep

(a) an historical register in which shall be entered the names of members who have been granted registration under subsection 8(1) together with other information that the council may require; and

(b) an annual register in which shall be entered the names of the holders of annual licences issued under subsection 8(2) and members holding non-practising membership under subsection 8(3).

(2) The registers shall be open to inspection at the head office of the association during regular business hours free of charge.

(3) The registers, or copies of or extracts from the registers certified by the executive director, shall be, in the absence of evidence to the contrary, evidence in the courts in the province and before all persons of the registration or licensing of a person in the respective register.

(4) The absence of the name of a person from a register shall be, in the absence of evidence to the contrary, evidence that the person is not registered or licensed.

9. Section 15 is repealed and the following substituted:

Fees

15. (1) An annual licence and non-practising membership shall be effective at the time and for the term that may be set out in the by-laws.

(2) The fees for the issue of an annual licence and for the grant of non-practising membership shall be paid prior to the time at which the licence or membership becomes effective.

(3) A late payment fee for the issue of an annual licence may be collected in the amount and on those terms that are set out in the by-laws.

(4) Candidates for registration examinations shall pay those fees that are set out in the by-laws.

10. Subsections 16(1) and (2) of the Act are repealed and the following substituted:

Requirements to practise

16. (1) Except as provided in this Act, a person shall not practise as a nurse or hold himself or herself out as a registered nurse unless that person is registered as a member and holds an annual licence.

(2) The by-laws shall provide for an interim licence to enable persons to practise nursing pending the granting of registration under subsection 8(1) and the issue of an annual licence under subsection 8(2) and the interim licence shall be subject to those requirements that may be set out in the by-laws.

11. Section 17 of the Act is amended by deleting the words "a member of the association" and substituting the words "registered as a member and held an annual licence".

12. Section 18 of the Act is amended by deleting the figure "$50" and substituting the figure "$1,000".

13. Section 19 of the Act is repealed.

14. (1) Subsection 21(1.1) of the Act is amended by inserting immediately after the words "a committee" a comma and the words "one member of which is to be a person who is not a member of the association,".

(2) Section 21 of the Act is amended by adding the following immediately after subsection (1.2):

(1.3) The council and the committee are vested with all the powers of a commissioner under the Public Inquiries Act.

(3) Section 21 of the Act is further amended by adding the following immediately after subsection (2):

(2.1) A person who has made a complaint under subsection (2) shall be given not less than 7 days' notice in writing of the hearing of the complaint and shall have the right to attend the hearing.

15. Section 24 of the Act is amended by inserting immediately after the phrase "to obtain a" the words "registration or an annual".

16. Section 25 of the Act is amended by deleting the figure "$100" and substituting the figure "$1,000".