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Statutes of Newfoundland 1997


CHAPTER 36

CHAPTER 36

AN ACT TO AMEND THE NURSING ASSISTANTS ACT

(Assented to December 19, 1997)

Analysis

1. Long title R&S

2. S.1 R&S
Short title

3. S.2 Amdt.
Definitions

4. S.3 Amdt.
Council

5. S.6 R&S
Functions of council

6. S.8 R&S
Licensure

7. S. 9 Amdt.
Registrar

8. S.10 Amdt.
Disciplinary procedure

9. S.11 Amdt.
Appeal

10. S.12 Amdt.
Regulations

11. S.12.1 Added
Fees

12. S.13 R&S
Prohibition

13. S.15 Amdt.
Exemption

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


RSN1990 cN-6 as amended

1. The long title of the Nursing Assistants Act is repealed and the following substituted:

AN ACT RESPECTING THE LICENSURE OF PRACTICAL NURSES

2. Section 1 of the Act is repealed and the following substituted:

Short title

1. This Act may be cited as the Licensed Practical Nurses Act.

3. (1) Paragraph 2(a) of the Act is amended by deleting the words "Nursing Assistants" and substituting the phrase "Licensed Practical Nurses".

(2) Section 2 of the Act is amended by adding the following immediately after paragraph (a):

(a.1) "licensed practical nurse" means a practical nurse licensed under this Act;

(3) Paragraph 2(b.1) of the Act is amended by deleting the quotation marks and words "nursing assistant" at the beginning of the paragraph and substituting the words and quotation marks "practical nurse" and by deleting the phrase "registered nursing assistant" and substituting the phrase "licensed practical nurse".

(4) Paragraph 2(c) of the Act is amended by deleting the words "nursing assistants" and substituting the phrase "licensed practical nurses".

(5) Paragraph 2(d) of the Act is repealed.

(6) Paragraph 2(e) of the Act is amended by deleting the words "Nursing Assistants" and substituting the phrase "Licensed Practical Nurses".

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 (1) Subsection 3(1) of the Act is repealed and the following substituted:

Council

3. (1) The Council for Nursing Assistants is continued as a corporation under the name of the Council for Licensed Practical Nurses.

(2) Paragraph 3(2)(a) of the Act is amended by deleting the phrase "registered nursing assistants" and substituting the phrase "licensed practical nurses".

(3) Paragraph 3(2)(d) of the Act is amended by deleting the phrase "Newfoundland Hospital and Nursing Home Association" and substituting the phrase "Newfoundland and Labrador Health Care Association".

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

Functions of council

6. The functions of the council are

(a) to set educational standards for licensed practical nurses;

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

(c) to set qualifications for licensure;

(d) to examine candidates applying to be licensed;

(e) to hear complaints against licensed practical nurses and administer disciplinary procedures;

(f) to develop and publicize the functions and areas of competence of and standards of practice for licensed practical nurses;

(g) to monitor the need for licensed practical nurses; and

(h) to perform other tasks that are in keeping with the purposes of this Act.

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

Licensure

8. (1) Where a person applies to the council to be licensed under this Act, the registrar shall license that person and issue a certificate of licensure.

(2) A person is eligible for licensure under this Act who pays the licensing fee and who

(a) has completed a program of education for licensed practical nurses, or its equivalent, as determined by the council; and

(b) meets the other requirements prescribed by regulation.

(3) The registrar shall renew the licence annually of a licensed practical nurse where that person meets the requirements of this Act and the regulations and pays the prescribed fee.

7. (1) Subsection 9(1) of the Act is amended by deleting the words "Nursing Assistants" and substituting the phrase "Licensed Practical Nurses".

(2) Paragraph 9(2)(a) of the Act is repealed and the following substituted:

(a) license practical nurses who meet the qualifications for licensure established by this Act and others that may be prescribed by regulation and issue a certificate of licensure;

(3) Paragraph 9(2)(b) of the Act is amended by deleting the words "nursing assistants registered" and substituting the words "practical nurses licensed".

(4) Paragraph 9(2)(c) of the Act is amended by deleting the words "by regulation" and substituting the phrase "by the council".

8. (1) Subsection 10(1) of the Act is amended by deleting the phrase "registered nursing assistant" and substituting the phrase "licensed practical nurse".

(2) Subsection 10(2) of the Act is amended by deleting the phrase "registered nursing assistant" and substituting the phrase "licensed practical nurse".

(3) Subsection 10(5) of the Act is amended by deleting the word "registration" and substituting the word "licence".

(4) Subsection 10(6) of the Act is repealed and the following substituted:

(6) Notice of suspension or cancellation of licensure shall be sent by registered mail to the holder of the licence and that person shall return the certificate of licensure to the registrar within 10 days of receipt of the notice.

(5) Subsection 10(7) of the Act is amended by deleting the word "registration" and substituting the word "licence".

(6) Subsection 10(9) of the Act is amended by deleting the phrase "registered nursing assistant" and substituting the phrase "licensed practical nurse".

9. Subsection 11(2) of the Act is amended by deleting the phrase "registered nursing assistant" and substituting the phrase "licensed practical nurse".

10. (1) Paragraph 12(a) of the Act is amended by deleting the phrase "registered nursing assistants" and substituting the phrase "licensed practical nurses".

(2) Paragraph 12(b) of the Act is amended by deleting the phrase "registered as nursing assistants" and substituting the phrase "licensed as practical nurses".

(3) Paragraph 12(c) of the Act is amended by deleting the word "registration" wherever it appears and substituting the word "licensure" and by deleting the phrase "registered nursing assistants" and substituting the phrase "licensed practical nurses".

(4) Paragraph 12(d) of the Act is repealed.

(5) Paragraph 12(g) of the Act is amended by deleting the phrase "registered nursing assistants" and substituting the phrase "licensed practical nurses".

(6) Paragraph 12(g.1) of the Act is amended by deleting the words "nursing assistants" and substituting the phrase "licensed practical nurses".

11. The Act is amended by adding immediately after section 12 the following:

Fees

12.1 The council may set fees for the purpose of this Act.

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

Prohibition

13. A person, except a practical nurse licensed under this Act, shall not

(a) practise or hold himself or herself out as being entitled to practise as a practical nurse;

(b) use the titles "practical nurse" or "licensed practical nurse"; 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 licensed as a practical nurse under this Act.

13. Section 15 of the Act is amended by deleting the phrase "registered nursing assistant" wherever it appears and substituting the phrase "licensed practical nurse".

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