Statutes of Newfoundland 1997 Chapter 23

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Statutes of Newfoundland 1997

CHAPTER 23 CHAPTER 23

AN ACT TO AMEND THE REGISTERED NURSES ACT
(Assented to December 19, 1997)

Analysis

1. S.2 Amdt.
Definitions

2. S.7 Amdt.
By-laws

3. S.8 Amdt.
Licensing and
membership

4. S.9 R&S
Schools of nursing

5. S.11.1 Added
Powers of nurse practitioner

6. S.13 Amdt.
Register of nurses

7. S.15 Amdt.
Fees

8. S.16 Amdt.
Requirements to practise

9. S.18 R&S
Penalties

10. S.21 Amdt.
Revocation of registration

11. S.22 Amdt.
Other care givers

12. S.22.1 Added
Regulations

13. RSN1990 cE-9
Amdt.

14. SN1995 cF-6.1
Amdt.

15. RSN1990 cN-6
Amdt.

16. RSN1990 cO-7
Amdt.

17. SN1994 cP-12.1
Amdt.

18. SN1995 cP-37.1
Amdt.

19. Commencement

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

RSN1990 cR-9 as amended

1. Section 2 of the Registered Nurses Act is amended by adding immediately after paragraph (e.1) the following:

(e.2) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(e.3) "nurse practitioner" means

(i) a registered nurse who has successfully completed a course of study prescribed by the council and is licensed to practise as a nurse practitioner under this Act, or

(ii) a nurse who, in the opinion of the council, has knowledge and skills sufficient as prescribed by the regulations to be licensed to practise as a nurse practitioner under this Act;

2. Subsection 7(1) of the Act is amended by deleting the phrase "Minister of Health" and by substituting the word "minister".

3. Section 8 of the Act is amended by adding immediately after subsection (3) the following:

(4) An annual licence issued under subsection (2) may include licensure to practise as a nurse practitioner and may be issued to a nurse who

(a) has successfully completed a course of study approved by the council; or

(b) in the opinion of the council has sufficient knowledge and skills, as prescribed by the regulations, to be licensed to practise as a nurse practitioner.

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 Section 9 of the Act is repealed and the following substituted: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

(a) an educational program that leads to initial licensure as a registered nurse; and

(b) other programs necessary to acquire specific licensure.

5. The Act is amended by adding immediately after section 11 the following:

Powers of nurse practitioner

11.1 (1) A nurse practitioner licensed under this Act may

(a) communicate to a patient or that person's substitute decision maker a diagnosis made by that nurse practitioner identifying a disease or disorder which may be identified from

(i) the patient's health history,

(ii) the findings of a health examination performed by the nurse practitioner, and

(iii) the results of any laboratory or other tests the nurse practitioner is authorized to perform;

(b) order the application of a form of energy prescribed by the regulations;

(c) order laboratory or other tests prescribed by the regulations; and

(d) prescribe a drug designated in the regulations.

(2) A nurse practitioner shall not communicate a diagnosis made under paragraph (1)(a) unless he or she has complied with the standards and scope of practice prescribed in the regulations respecting consultation with members of other health professions.

6. Paragraph 13(1)(b) of the Act is amended by deleting the word and figure "subsection 8(2)" and substituting the words and figures "subsections 8(2) and (4)".
7. Subsection 15(4) of the Act is amended by adding immediately after the word "examinations" the phrase "or any other required examinations".
8. Section 16 of the Act is amended by adding immediately after the word "nurse" wherever it appears the phrase "or a nurse practitioner".
9. Section 18 of the Act is repealed and the following substituted:

Penalties

18. A person not a member of the association in good standing who takes or uses the title "Registered Nurse" or "Nurse Practitioner" or the initials "R.N." or "N.P.", either alone or in combination with other words, letters, or description implying that the person is registered under this Act, or is entitled to be registered under this Act, or is recognized by law as a registered nurse or nurse practitioner, is guilty of an offence and liable upon summary conviction to a fine not exceeding $1,000 for each offence and in default of payment to imprisonment for a period not exceeding one month.

10. Section 21 of the Act is amended by adding immediately after subsection (8) the following:

(9) In this section, nurse includes a nurse practitioner.

11. Paragraph 22(a) of the Act is amended by adding immediately after the word "nurse" wherever it appears the words "or a nurse practitioner".
12. The Act is amended by adding immediately after section 22 the following:

Regulations

22.1 The minister may approve regulations made by the council following consultation with a committee of representatives of health professionals including physicians, pharmacists and others as appointed by the minister,

(a) prescribing the forms of energy that a nurse practitioner may order and prescribing the purpose for which, the circumstances in which and the form of energy which may be applied;

(b) prescribing the laboratory and other tests that a nurse practitioner may prescribe;

(c) designating the drugs that a nurse practitioner may prescribe and the circumstances under which the drugs may be prescribed; and

(d) generally to establish the standards and scope of practice of nurse practitioners.

RSN1990 cE-9 Amdt.

13. Paragraph 2(b) of the Emergency Medical Aid Act is amended by adding immediately after the word "Act" the second time it appears the phrase "and includes a nurse practitioner".

SN1995 cF-6.1 Amdt.

14. (1) Subsection 10(5) of the Fatalities Investigations Act is amended by adding immediately after the word "physician" the phrase "or a nurse practitioner".

(2) Subsection 10(6) of the Act is amended by adding immediately after the word "physician" the phrase "or a nurse practitioner".
RSN1990 cN-6 Amdt.

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

(c.1) "registered nurse" means a person who is licensed to practise under the Registered Nurses Act to practise the profession of nursing and is a registered member in good standing of the Association of Registered Nurses of Newfoundland, and includes a nurse practitioner;

RSN1990 cO-7 Amdt.

16. Paragraph 3(b) of the Optometry Act is amended by adding immediately after the word and comma "nurse," the phrase "a nurse practitioner".

SN1994 cP-12.1 Amdt.

17. (1) Paragraph 2(p) of the Pharmaceutical Association Act, 1994 is amended by deleting the word "or" at the end of clause (ii), by adding immediately after the comma at the end of clause (iii) the word "or" and by adding immediately after that clause the following:

(iv) a nurse practitioner as defined in the Registered Nurses Act,
(2) Subsection 3(1) of the Act is amended by deleting the word "and" at the end of paragraph (c) and by repealing paragraph (d) and substituting the following:

(d) a nurse practitioner licensed and acting under the Registered Nurses Act; and

(e) the sale of proprietary medicine, as defined in Division 10 of the regulations under the Food and Drug Act (Canada).
(3) Subsection 58(2) of the Act is repealed and the following substituted:

(2) Notwithstanding paragraphs 3(1)(a), (b), (c) and (d), this Part shall apply to

(a) a medical practitioner licensed under the Medical Act;

(b) a dentist or dental surgeon licensed under the Dental Act;

(c) a veterinarian licensed under the Veterinary Medical Act; and

(d) a nurse practitioner licensed under the Registered Nurses Act.

SN1995 cP-37.1 Amdt.

18. Section 2 of the Public Health Act is amended by deleting the word "and" at the end of paragraph (e), by deleting the period at the end of paragraph (f) and substituting a semi-colon and the word "and" and by adding immediately after that paragraph the following:

(g) "nurse" includes a nurse practitioner practising under the Registered Nurses Act.

Commencement

19. This Act shall come into force on a day to be proclaimed by the Lieutenant-Governor in Council.

©Earl G. Tucker, Queen's Printer