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Statutes of Newfoundland and Labrador 2005


CHAPTER L-12.1

AN ACT RESPECTING THE LICENSURE OF PRACTICAL NURSES

(Assented to December 13, 2005)

Analysis


††††††† 1. Short title

††††††† 2. Definitions

††††††† 3. Board continued

††††††† 4. Appointed members

††††††† 5. Meetings of the board

††††††† 6. Annual meeting and report

††††††† 7. Fees

††††††† 8. Functions of college

††††††† 9. Power to make agreements

††††† 10. Registrar

††††† 11. By-laws

††††† 12. Licensing

††††† 13. Definitions

††††† 14. Committees

††††† 15. Allegation

††††† 16. Effect of filing allegation

††††† 17. Complaints authorization committee

††††† 18. Adjudication tribunal

††††† 19. Hearing

††††† 20. Guilty plea by respondent

††††† 21. Powers of adjudication tribunal

††††† 22. Filing and publication of decisions

††††† 23. De-registration and suspension

††††† 24. Failure to comply

††††† 25. Reinstatement and readmission

††††† 26. Costs of the college

††††† 27. Collection of fine

††††† 28. Appeal to Trial Division

††††† 29. Copies of books, etc. as evidence

††††† 30. Regulations

††††† 31. Fees

††††† 32. Protection from liability

††††† 33. Prohibition

††††† 34. Offence

††††† 35. Exemption

††††† 36. Transition

††††† 37. RSNL1990 cN-6 Rep.


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

Short title

††††††† 1. This Act may be cited as the Licensed Practical Nurses Act, 2005.

Definitions

††††††† 2. In this Act

†††††††††††† (a)"board" means the board referred to in section 3;

†††††††††††† (b)"college" means the college continued under section 3;

†††††††††††† (b)"licensed practical nurse" means a practical nurse licensed under this Act;

†††††††††††† (c)"minister" means the minister appointed under the Executive Council Act to administer this Act;

†††††††††††† (d)"practical nurse" 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 licensed practical nurse, may be delegated and directed by a member of that health care profession;

†††††††††††† (e)"register" means the register of licensed practical nurses kept by the registrar;

††††††††††††† (f)"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 Labrador, and includes a nurse practitioner; and

†††††††††††† (g)"registrar" means the Registrar of Licensed Practical Nurses.

Board continued

††††††† 3. (1) The Council for Licensed Practical Nurses is continued under the name of the College of Licensed Practical Nurses of Newfoundland and Labrador as a corporation without share capital for the purposes of Part XXI of the Corporations Act.

†††††††††††† (2)All licensed practical nurses are members of the college.

†††††††††††† (3)The college shall be governed by a board consisting of

†††††††††††† (a)6 persons elected from and by licensed practical nurses in accordance with the by-laws;

†††††††††††† (b)3 persons appointed under section 4;

†††††††††††† (c)one person appointed by the Centre for Nursing Studies or a successor organization by or through which the program of studies leading to qualification as a practical nurse is taught; and

†††††††††††† (d)the registrar of the college appointed by the other members of the board under section 10, who shall not vote on a matter before the board, its executive or a committee of the board.

†††††††††††† (4)A member of the board may be elected for a term set by the by-laws which shall not exceed 3 years and is eligible to be re-elected, but shall not be a member of the board for more than 9 consecutive years.

†††††††††††† (5)An elected member may resign from the board by written notice to the board.

†††††††††††† (6)Where an elected member resigns, dies or becomes incapable of performing his or her duties, the remaining members shall appoint a replacement in accordance with the by-laws to serve until the next election.

†††††††††††† (7)Elected members shall serve without payment for their services, but their travel and other expenses associated with their duties as members may be paid by the college, in accordance with the by-laws.

†††††††††††† (8)The board shall, in accordance with the by-laws, elect from among its members a chairperson who shall preside at meetings of the board and the college.

†††††††††††† (9)The college may pay the registrar for performing his or her duties under this Act, in accordance with the by-laws.

†††††††††† (10)The board shall govern the college and may exercise the powers of the college in the name and on behalf of the college.

Appointed members

††††††† 4. (1) The minister shall appoint 3 members of the board suitable to represent the public interest who shall not be licensed practical nurses.

†††††††††††† (2)A person appointed under subsection (1) holds office for a term of 3 years and is eligible to be re-appointed.

†††††††††††† (3)Where a person appointed under subsection (1) holds office for a period of 9 consecutive years the person is not eligible for appointment as a member of the board until the expiration of 12 months from the end of the year in which he or she was last a member of the board.

†††††††††††† (4)Where the term of office of a person appointed under this section expires, he or she continues to be a member of the board until re-appointed or replaced.

†††††††††††† (5)Appointed members shall serve without payment for their services, but their travel and other expenses associated with their duties as members shall be paid by the board, in accordance with guidelines established by the Lieutenant-Governor in Council.

†††††††††††† (6)A person appointed under subsection (1) may resign from the board by written notice to the minister.

Meetings of the board

††††††† 5. (1) A quorum of the board is 5 voting members, one of whom is a member appointed to represent the public interest.

†††††††††††† (2)Except where prohibited in the by-laws, a member of the board may, where all the members consent, participate in a meeting of the board by means of the telephone or other telecommunication device that permits all persons participating in the meeting to communicate with each other.

†††††††††††† (3)Where a quorum under subsection (1) exists, a majority of that number is sufficient to make a decision, and in the event of a tie the chairperson of the meeting shall cast a second deciding vote.

†††††††††††† (4)In the absence of the chairperson, the members of the board in attendance at a meeting may appoint another member to chair that meeting.

Annual meeting and report

††††††† 6. (1) The college shall hold, in accordance with the by-laws, an annual general meeting of licensed practical nurses at which

†††††††††††† (a)the election for members of the board shall be held; and

†††††††††††† (b)an auditor shall be chosen to audit the accounts of the college and report on the financial statements prepared by the college.

†††††††††††† (2)The college may in its by-laws provide for voting at a meeting of the college or in an election of members by mail or electronic means.

†††††††††††† (3)The college shall prepare and submit to the minister before July 1,

†††††††††††† (a)a report on the activities of the college; and

†††††††††††† (b)the college's audited financial statements.

†††††††††††† (4)Where the college fails to comply with subsection (1), the college is guilty of an offence and on summary conviction may be fined $1,000.

Fees

††††††† 7. (1) In setting the fees payable under this Act, the board shall, where it is practicable, ensure that the amount of the fees is sufficient to enable it to discharge its functions under this Act.

†††††††††††† (2)The money received by the college shall be applied by it to the costs of discharging its functions under this Act.

Functions of college

††††††† 8. The functions of the college are

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

†††††††††††† (b)to evaluate programs for the education of practical nurses in the province 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 develop and publicize the functions and areas of competence of and standards of practice for licensed practical nurses; and

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

Power to make agreements

††††††† 9. The college has the power to enter into agreements with a person, association, agent or commission, including an agency of the government of the province, which are necessary for or incidental or conducive to the carrying out of the functions of the college.

Registrar

††††† 10. (1) The college shall appoint a registrar who by virtue of his or her office shall be a non-voting member of the board.

†††††††††††† (2)The registrar shall

†††††††††††† (a)issue licenses to practical nurses who meet the qualifications for a licence established by this Act and other qualifications that may be prescribed by regulation;

†††††††††††† (b)keep and maintain a register containing the names of practical nurses licensed under this Act and other information that may be required by the college;

†††††††††††† (c)collect any fees set by the board;

†††††††††††† (d)act as secretary to the board;

†††††††††††† (e)administer examinations that may be set by the college;

††††††††††††† (f)perform the duties in respect of discipline under sections 13 to 27; and

†††††††††††† (g)perform other duties that the college may require.

†††††††††††† (3)The registrar shall make the registers of the college available for inspection by the public on reasonable notice and at reasonable hours.

By-laws

††††† 11. (1) The college may make by-laws not inconsistent with this Act respecting

†††††††††††† (a)the holding and procedure of its annual general meeting and the board's meetings;

†††††††††††† (b)the appointment of committees of the college and the board and the duties and responsibilities of those committees;

†††††††††††† (c)the election of members of the board under subsection 3(2) and setting the terms of office;

†††††††††††† (d)the payment of travel and other expenses of elected members of the board;

†††††††††††† (e)the employment and remuneration of staff and consultants;

††††††††††††† (f)a code of ethics including a definition of "professional misconduct", "conduct unbecoming" and "incapacity or unfitness to practice" for the purposes of sections 13 to 27;

†††††††††††† (g)limiting the participation of members at a meeting of the board by telephone or other telecommunications device under section 5; and

†††††††††††† (h)providing for voting by licensed practical nurses by mail or electronic means.

†††††††††††† (2)A by-law may be made, amended or repealed at a meeting of the college provided that 30 days notice, in writing, of the making, amendment or repeal of the by-law and of the meeting are given to members of the college.

†††††††††††† (3)The college shall have its by-laws available for inspection by the public on reasonable notice and at reasonable hours.

Licensing

††††† 12. (1) A person may apply to the registrar in the form set by the college to be licensed as a practical nurse where he or she

†††††††††††† (a)has completed a program of education for practical nurses, or an equivalent program, approved by the college; and

†††††††††††† (b)meets the other requirements prescribed by regulation.

†††††††††††† (2)The registrar shall issue a licence to a person who applies under subsection (1) and may renew a licence of a practical nurse where the applicant or practical nurse

†††††††††††† (a)pays the licensing fee set by the board;

†††††††††††† (b)proves that he or she has obtained professional liability insurance coverage in a form and amount satisfactory to the college;

†††††††††††† (c)establishes that he or she is not suspended or restricted from working as a practical nurse by a college or equivalent body governing practical nursing in a jurisdiction outside the province;

†††††††††††† (d)pays outstanding fines, penalties or fees, which are owed to the college; and

†††††††††††† (e)meets other requirements that may be set by the college in the regulations.

Definitions

††††† 13. In this section and sections 14 to 27

†††††††††††† (a)"allegation" means a written document alleging that a person has engaged in conduct deserving of sanction;

†††††††††††† (b)"complainant" means a person making an allegation described in section 15;

†††††††††††† (c)"conduct deserving of sanction" includes

††††††††††††††††††††† (i)professional misconduct,

†††††††††††††††††††† (ii)professional incompetence,

††††††††††††††††††† (iii)conduct unbecoming a practical nurse,

††††††††††††††††††† (iv)incapacity or unfitness to practice as a practical nurse, and

†††††††††††††††††††† (v)acting in breach of this Act, the regulations, or the code of ethics made under section 11;

†††††††††††† (d)"costs incurred by the college" includes

††††††††††††††††††††† (i)out of pocket expenses incurred by or on behalf of the college,

†††††††††††††††††††† (ii)amounts paid by the board to members of an adjudication tribunal as remuneration and for expenses, and

††††††††††††††††††† (iii)the actual cost of legal counsel for the college and the adjudication tribunal;

†††††††††††† (e)"disciplinary panel" means the panel of persons appointed under section 14; and

††††††††††††† (f)"respondent" means a licensed practical nurse or a former licensed practical nurse against whom an allegation is made.

Committees

††††† 14. (1) The board shall appoint at least 3 of its members, at least one of whom was appointed by the minister to represent the public interest, to constitute a complaints authorization committee.

†††††††††††† (2)The board shall appoint the chairperson and vice-chairperson of the complaints authorization committee from the persons appointed under subsection (1).

†††††††††††† (3)The registrar is not eligible to be a member of the complaints authorization committee.

†††††††††††† (4)The board shall appoint at least 10 licensed practical nurses who are not members of the board and the minister shall appoint at least 3 persons, who are not licensed practical nurses, to represent the public interest, who shall together constitute a disciplinary panel.

†††††††††††† (5)The board shall appoint one of the members of the disciplinary panel as chairperson of the panel.

†††††††††††† (6)Of the members first appointed to the disciplinary panel, one half shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the disciplinary panel shall be for a term of 3 years.

†††††††††††† (7)Notwithstanding the expiry of his or her term, a member of the disciplinary panel continues to be a member until he or she is re-appointed or his or her replacement is appointed.

†††††††††††† (8)Persons appointed to the disciplinary panel may be reappointed.

†††††††††††† (9)A member of the disciplinary panel shall serve as a member without payment for his or her services, but may be remunerated for services as a member of an adjudication tribunal and paid his or her travel and other expenses associated with the work of that tribunal by the college, in accordance with the rates set by the by-laws.

†††††††††† (10)The complaints authorization committee and an adjudication tribunal appointed under section 18 and a person appointed by either of them may summon a licensed practical nurse or another person and require him or her to give evidence, orally or in writing, upon oath or affirmation, and produce the documents and things that either of them considers necessary to the full investigation and hearing of an allegation or complaint and shall have the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act.

Allegation

††††† 15. (1) An allegation shall be in writing and signed by the complainant or his or her solicitor, and filed with the registrar.

†††††††††††† (2)The registrar may on his or her own motion make an allegation and file it, and the allegation shall have the same effect as an allegation referred to in subsection (1).

†††††††††††† (3)Where the registrar has been informed that a respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute of another country or has been suspended by a governing body of practical nurses in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming a practical nurse or professional incompetence, the information shall be dealt with by the registrar as an allegation.

†††††††††††† (4)For the purpose of subsection (3), a certified copy of the record of a conviction or findings made or the action taken by an external regulatory body constitutes proof, in the absence of evidence to the contrary, of the conviction or findings made or the action taken by that body, without proof of the signature of the convicting justice or person purporting to have signed on behalf of that body.

Effect of filing allegation

††††† 16. (1) Where it appears to the registrar after notifying the respondent of the allegation that the allegation may be resolved satisfactorily and where the complainant and the respondent consent, the registrar may attempt to resolve the matter.

†††††††††††† (2)Where the allegation is not satisfactorily resolved by the registrar under subsection (1), the registrar shall refer the allegation and all other allegations to the complaints authorization committee.

†††††††††††† (3)The registrar shall inform a complainant and a respondent of the referral of the allegation to the complaints authorization committee.

Complaints authorization committee

††††† 17. (1) After an allegation has been submitted to the complaints authorization committee, the committee may exercise one or more of the following powers:

†††††††††††† (a)refer the allegation back to the registrar for an investigation or alternative dispute resolution in accordance with the regulations;

†††††††††††† (b)conduct an investigation itself or appoint a person to conduct an investigation on its behalf; and

†††††††††††† (c)require the respondent to appear before it.

†††††††††††† (2)Where the complaints authorization committee is of the opinion there are no reasonable grounds to believe the respondent has engaged in conduct deserving of sanction, the committee shall dismiss the allegation and give notice in writing of the dismissal to the complainant.

†††††††††††† (3)Where the complaints authorization committee is of the opinion that there are reasonable grounds to believe that a respondent has engaged in conduct deserving of sanction, the allegation shall be considered as constituting a complaint, and the committee may

†††††††††††† (a)counsel or caution the respondent; or

†††††††††††† (b)instruct the registrar to file the complaint against the respondent and refer it to the disciplinary panel; and

†††††††††††† (c)recommend to the college that

††††††††††††††††††††† (i)the respondentís licence be suspended or restricted, or

†††††††††††††††††††† (ii)the registrar conduct an investigation of the respondentís practice, and where the college approves an investigation the registrar shall conduct it,

at any time before a final determination by the adjudication tribunal.

†††††††††††† (4)A person conducting an investigation under paragraph (1)(a), (b) or subparagraph (3)(c)(ii) may require

†††††††††††† (a)the respondent to

††††††††††††††††††††† (i)undergo practical and other examinations he or she considers necessary and as arranged by the registrar or the board, and

†††††††††††††††††††† (ii)permit the registrar or a member of the board or a person appointed by the complaints authorization committee to inspect and copy the records of the respondent and other documents relating to the subject matter of the investigation; and

†††††††††††† (b)another person to permit the registrar or a member of the board or a person appointed by the complaints authorization committee to inspect and copy records and other documents relating to the subject matter of the investigation held by that person,

and the respondent or other person shall comply.

†††††††††††† (5)An action for damages does not lie against a licensed practical nurse or another person to whom a request is made solely because he or she provides information requested of him or her under subsection (4).

†††††††††††† (6)Where the registrar, a member of the board or a person appointed by the complaints authorization committee requires that a respondent or another person provide information under subsection (4), that information shall be provided, as requested, within 7 days of receipt of the requirement or a different period as specified.

†††††††††††† (7)Where the complaints authorization committee recommends to the board that a respondentís practice be suspended, restricted or investigated the board may

†††††††††††† (a)decide not to act on the recommendation; or

†††††††††††† (b)suspend, restrict or investigate the respondentís practice.

†††††††††††† (8)A complainant whose allegation is dismissed by the complaints authorization committee under subsection (2) may within 30 days after receiving notice of the dismissal appeal the dismissal to the Trial Division by filing a notice of appeal with the Registrar of the Supreme Court.

†††††††††††† (9)Subsection (4), (5) and (6) apply to the Crown.

Adjudication tribunal

††††† 18. (1) For the purpose of dealing with complaints referred to the disciplinary panel, the chairperson of the disciplinary panel shall appoint from it an adjudication tribunal consisting of 3 persons, of whom 2 shall be licensed practical nurses and one shall be a member of the panel appointed to represent the public interest.

†††††††††††† (2)The chairperson of the disciplinary panel shall appoint one of the members on an adjudication tribunal to be the chairperson.

Hearing

††††† 19. (1) Where a complaint has been referred under paragraph 17(3)(b), an adjudication tribunal shall hear the complaint.

†††††††††††† (2)The parties to a hearing are the college and the respondent and a party may be represented by his or her counsel at a hearing.

†††††††††††† (3)A hearing shall be conducted in public but an adjudication tribunal may exclude the public from a hearing, or from part of it, where it considers the desirability of protecting a party to the complaint or another person against the consequences of possible disclosure of personal matters outweighs the desirability of holding the hearing in public.

Guilty plea by respondent

††††† 20. (1) Where a respondent pleads guilty to one or more of the charges set out in a complaint, the adjudication tribunal shall, without calling evidence or hearing witnesses, unless the tribunal believes it is appropriate to do so, hear submissions from the parties.

†††††††††††† (2)Where a respondent pleads guilty, and following submissions under subsection (1), the adjudication tribunal may

†††††††††††† (a)reprimand the respondent;

†††††††††††† (b)order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

†††††††††††† (c)allow or direct the respondent to surrender his or her licence to the college upon those conditions that may be considered appropriate and strike the respondentís name from the register;

†††††††††††† (d)impose a fine not to exceed $10,000 to be paid to the college;

†††††††††††† (e)order that the respondent pay the costs or a part of the costs incurred by the college in the investigation and hearing of the complaint;

††††††††††††† (f)order that the registrar publish a summary of the decision including the information set out in subsection 22(4) and other information that the tribunal may specify; and

†††††††††††† (g)order that the respondent comply with one or more of the following:

††††††††††††††††††††† (i)make restitution to the complainant or other person affected by the conduct of the respondent,

†††††††††††††††††††† (ii)obtain medical treatment,

††††††††††††††††††† (iii)obtain counselling,

††††††††††††††††††† (iv)obtain substance abuse counselling or treatment, until the respondent can demonstrate to the college or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been overcome,

†††††††††††††††††††† (v)engage in continuing education programs,

††††††††††††††††††† (vi)complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the college or another body or person designated by the adjudication tribunal,

†††††††††††††††††† (vii)report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

††††††††††††††††† (viii)restrict his or her professional practice or continue his or her practice under specified conditions, or

††††††††††††††††††† (ix)impose other requirements that are just and reasonable in the circumstances.

†††††††††††† (3)The costs incurred by the college to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

Powers of adjudication tribunal

††††† 21. (1) Upon the hearing of a complaint, an adjudication tribunal shall decide whether or not a respondent is guilty of conduct deserving of sanction.

†††††††††††† (2)Where an adjudication tribunal decides that a respondent is not guilty, it shall dismiss the complaint and may, where it believes that the submission of the complaint to the tribunal for a hearing was unreasonable,

†††††††††††† (a)order that those costs that the tribunal considers appropriate be paid by the college to the respondent; and

†††††††††††† (b)make another order that it considers appropriate.

†††††††††††† (3)Where an adjudication tribunal decides that a respondent is guilty, it may

†††††††††††† (a)reprimand the respondent;

†††††††††††† (b)order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

†††††††††††† (c)allow or direct the respondent to surrender his or her licence to the college upon those conditions that may be considered appropriate and strike the respondentís name from the register;

†††††††††††† (d)impose a fine not to exceed $10,000 to be paid to the college;

†††††††††††† (e)order that the respondent pay the costs or a part of the costs incurred by the college in the investigation or hearing of the complaint;

††††††††††††† (f)order that the registrar publish a summary of the decision including the information set out in subsection 22(4) and other information that the tribunal may specify; and

†††††††††††† (g)order that the respondent comply with one or more of the following:

††††††††††††††††††††† (i)make restitution to the complainant or other person affected by the conduct of the respondent,

†††††††††††††††††††† (ii)obtain medical treatment,

††††††††††††††††††† (iii)obtain counselling,

††††††††††††††††††† (iv)obtain substance abuse counselling or treatment, until the respondent can demonstrate to the college or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been overcome,

†††††††††††††††††††† (v)engage in continuing education programs,

††††††††††††††††††† (vi)complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the college or another body or person designated by the adjudication tribunal,

†††††††††††††††††† (vii)report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

††††††††††††††††† (viii)restrict his or her professional practice or continue his or her practice under specified conditions, or

††††††††††††††††††† (ix)impose other requirements that are just and reasonable in the circumstances.

†††††††††††† (4)The costs incurred by the college to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

Filing and publication of decisions

††††† 22. (1) An adjudication tribunal shall file a decision or order made under subsection 20(2) or 21(3) with the registrar and provide a copy to the complainant and the respondent and the respondent's employer.

†††††††††††† (2)The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 5 years after the day the decision is filed and shall upon receiving a request to view the disciplinary records in relation to a licensed practical nurse permit a person to view a summary of a decision where that licensed practical nurse was the respondent, prepared in accordance with subsection (4).

†††††††††††† (3)The registrar shall publish a summary of a decision or order of an adjudication tribunal in a newspaper of general circulation in or nearest to the community in which the respondent practises within 14 days of the filing of the decision or order, where the decision or order

†††††††††††† (a)suspends the respondent;

†††††††††††† (b)allows or directs the respondent to surrender his or her licence;

†††††††††††† (c)restricts the respondentís practice;

†††††††††††† (d)specifies conditions for the continuing practice of the respondent; or

†††††††††††† (e)requires that a summary of the decision or order be published.

†††††††††††† (4)The summary of the decision published under subsection (3) shall include

†††††††††††† (a)the name of the respondent and the address where he or she practises;

†††††††††††† (b)the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction;

†††††††††††† (c)the name of the complainant, unless the complainant has requested that his or her name be withheld;

†††††††††††† (d)the contents of the order in relation to the actions referenced in paragraphs (3)(a) to (d); and

†††††††††††† (e)other information specified for publication in the decision or order.

†††††††††††† (5)Where a decision published under this section is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) and (4) apply, with the necessary changes.

De-registration and suspension

††††† 23. (1) Where a respondent is struck off the register, his or her rights and privileges as a licensed practical nurse cease.

†††††††††††† (2)Where a respondent is suspended, his or her rights and privileges as a licensed practical nurse cease for the period of suspension.

†††††††††††† (3)Where conditions or restrictions have been imposed upon a respondentís ability to carry on his or her practice, his or her rights and privileges as a licensed practical nurse shall be limited to the extent specified by the conditions or restrictions.

Failure to comply

††††† 24. (1) On application by the college to the disciplinary panel, an adjudication tribunal may make an order suspending the rights and privileges of a respondent where it determines that the respondent has failed to comply with a decision or an order under this Part.

†††††††††††† (2)The parties to the application are the college and the respondent.

†††††††††††† (3)An order of an adjudication tribunal under this section may suspend the rights and privileges of the respondent for a fixed period that the adjudication tribunal may consider appropriate, or until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal.

Reinstatement and readmission

††††† 25. (1) Where, in a decision or order, an adjudication tribunal

†††††††††††† (a)suspends the respondent;

†††††††††††† (b)allows or directs the respondent to surrender his or her licence;

†††††††††††† (c)restricts the respondentís practice; or

†††††††††††† (d)specifies conditions for the continuing practice of the respondent,

and where the respondent alleges that new evidence has become available or a material change in circumstances has occurred since the making of the decision or order, the respondent may apply to the complaints authorization committee for a supplementary hearing to discharge or vary the decision or order based on the new evidence or material change in circumstances.

†††††††††††† (2)An application under subsection (1) shall be made not more than 90 days after the new evidence becomes available or the material change in circumstances has occurred.

†††††††††††† (3)Where an application is made to the complaints authorization committee under subsection (1), and the committee is of the opinion that new evidence has become available or that a material change in circumstances has occurred, as alleged by a respondent, the matter shall be referred to an adjudication tribunal as if it were a matter referred under paragraph 17(3)(b) and sections 19 to 23 apply, with the necessary changes, to the referred matter.

†††††††††††† (4)The parties to a supplementary hearing under this section are the respondent and the college.

†††††††††††† (5)For the purpose of this section, in addition to an order that an adjudication tribunal may make under section 21, a tribunal may

†††††††††††† (a)vary the original decision or order made under section 21; or

†††††††††††† (b)discharge the original decision or order, with or without conditions.

Costs of the college

††††† 26. (1) Where a person who was ordered to pay the costs of the college under paragraph 20(2)(e) or 21(3)(e) fails to pay in the time required, the college may suspend the registration of that person until the costs are paid.

†††††††††††† (2)Costs ordered to be paid under paragraph 20(2)(e) or 21(3)(e) are a debt due to the college and may be recovered by the college by a civil action.

Collection of fine

††††† 27. (1) Where an order is made under section 20 or 21 imposing a fine on a respondent, the college may issue a certificate stating the amount of the fine due and remaining unpaid and the name of the person by whom it is payable, and file the certificate with the Registrar of the Supreme Court.

†††††††††††† (2)Where a certificate is filed with the Registrar of the Supreme Court under subsection (1), it has the same effect and all proceedings may be taken on the certificate as if it were a judgment of the Trial Division for the recovery of the amount stated in the certificate against the person named in the certificate.

†††††††††††† (3)A person named in a certificate filed under this section may, within 30 days after the certificate is filed, apply to a judge of the Trial Division for a review, on a question of law or jurisdiction, of the certificate.

†††††††††††† (4)On an application under subsection (3), the judge may make an amendment to the certificate that is necessary to make the certificate accord with the judgeís decision.

†††††††††††† (5)There is no appeal from a decision of a judge made under this section.

†††††††††††† (6)A certificate filed under this section may also be filed in the judgment enforcement registry on the expiration of the 30 day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced in accordance with that Act.

Appeal to Trial Division

††††† 28. (1) The college or the respondent may, within 30 days after receiving notice of a decision or order of an adjudication tribunal under this Act, appeal the decision or order to the Trial Division by filing a notice of appeal with the Registrar of the Supreme Court.

†††††††††††† (2)An appeal under this section does not stay the decision or order being appealed unless the Trial Division orders otherwise.

Copies of books, etc. as evidence

††††† 29. A copy or extract of a book, record, document or thing certified by

†††††††††††† (a)a member of the complaints authorization committee; or

†††††††††††† (b)a person authorized under subsection 17(4) to conduct an inspection,

who made the copy or extract under subsection 17(4) is admissible in evidence in an action, proceeding or prosecution, in the absence of evidence to the contrary, as evidence of the original book, record, document or thing and its contents.

Regulations

††††† 30. (1) The college may, subject to the approval of the minister, make regulations

†††††††††††† (a)approving schools and educational programs for licensed practical nurses and respecting the content and standards of those schools and educational programs;

†††††††††††† (b)providing for the examination of persons who wish to be registered as licensed practical nurses;

†††††††††††† (c)prescribing the qualifications for the licensure of persons as licensed practical nurses including qualifications for temporary licensure;

†††††††††††† (d)respecting alternative dispute resolution for the purposes of sections 14 to 27 and the procedure for that resolution;

†††††††††††† (e)prescribing time limits for events in the disciplinary process in sections 14 to 27, including time limits for:

††††††††††††††††††††† (i)the filing of an allegation,

†††††††††††††††††††† (ii)the conduct of an investigation under section 17,

††††††††††††††††††† (iii)consideration of an allegation by the complaints authorization committee following completion of an investigation,

††††††††††††††††††† (iv)responding to a complainant and respondent at each stage of the process,

†††††††††††††††††††† (v)the conduct of a practice investigation under subparagraph 17(3)(c)(ii),

††††††††††††††††††† (vi)the appointment of an adjudication tribunal under section 18, and

†††††††††††††††††† (vii)the conduct of a hearing and the filing of a decision or order by an adjudication tribunal following completion of the hearing; and

††††††††††††† (f)generally, to give effect to the purpose of this Act.

†††††††††††† (2)Notwithstanding paragraph (1)(e), the minister may make regulations prescribing time limits for events in the disciplinary process under sections 14 to 27 where the board does not do so within a period the minister considers reasonable.

Fees

††††† 31. The board may set fees for the purpose of this Act.

Protection from liability

††††† 32. An action for damages does not lie against the registrar, an officer or employee of the college, a member of a disciplinary panel, adjudication tribunal or the individual members of those bodies, a person appointed by the complaints authorization committee to conduct an investigation, another agent of the college or the college as a corporation for an act or failure to act or a proceeding initiated or carried out in good faith under this Act, or for carrying out duties or obligations authorized under this Act or for a decision or order made or enforced in good faith under this Act.

Prohibition

††††† 33. 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.

Offence

††††† 34. A person who contravenes this Act is guilty of an offence and is liable on summary conviction to a fine not exceeding $1,000 and to imprisonment for a term not exceeding one month in default of payment or to both a fine and imprisonment.

Exemption

††††† 35. This Act shall not be construed to affect or apply to nursing care provided

†††††††††††† (a)by a member of the family of a patient;

†††††††††††† (b)by a person employed primarily in a domestic capacity who does not claim to be or accept employment as a licensed practical nurse;

†††††††††††† (c)by a person enrolled in a school or course of training for the purpose of becoming a registered nurse or a licensed practical nurse; or

†††††††††††† (d)by a registered nurse.

Transition

††††† 36. (1) The members of the council for Licensed Practical Nurses on the day before this Act comes into force are continued as members of the board until an election is held under section 6.

†††††††††††† (2)An election to elect the 6 members of the board referred to in paragraph 3(3)(a) shall be held within 12 months after the day this Act comes into force.

†††††††††††† (3)The minister shall make appointments under section 4 within 30 days of the election held under subsection (2).

†††††††††††† (4)Of the members of the board first elected under section 6,

†††††††††††† (a)2 shall be elected for a term of 3 years;

†††††††††††† (b)2 shall be elected for a term of 2 years; and

†††††††††††† (c)2 shall be elected for a term of one year.

RSNL1990 cN-6 Rep.

††††† 37. The Licensed Practical Nurses Act is repealed.