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Statutes of Newfoundland and Labrador 2008


CHAPTER R-9.1

AN ACT RESPECTING REGISTERED NURSES

(Assented to June 4, 2008)

Analysis


††††††† 1. Short title

††††††† 2. Definitions

††††††† 3. Corporation

††††††† 4. Objects

††††††† 5. Council

††††††† 6. Composition of the council

††††††† 7. Annual meeting

††††††† 8. Council officers

††††††† 9. Quorum

††††† 10. By-laws

††††† 11. Regulations

††††† 12. Fees

††††† 13. Register

††††† 14. Qualification for registration and licensing

††††† 15. Registers of registered nurses

††††† 16. Requirements to practise

††††† 17. Penalties

††††† 18. Definitions

††††† 19. Committees

††††† 20. Report by registered nurse

††††† 21. Allegation

††††† 22. Effect of filing allegation

††††† 23. Complaints authorization committee

††††† 24. Adjudication tribunal

††††† 25. Hearing

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

††††† 27. Guilty plea by respondent

††††† 28. Powers of adjudication tribunal

††††† 29. Filing and publication of decisions

††††† 30. De-registration and suspension

††††† 31. Failure to comply

††††† 32. Reinstatement and readmission

††††† 33. Costs of the council

††††† 34. Collection of fine

††††† 35. Appeal

††††† 36. Other care givers

††††† 37. Nurse practitioner standards committee

††††† 38. Regulations

††††† 39. Protection from liability

††††† 40. Offence

††††† 41. Penalty

††††† 42. Transition

††††† 43. RSNL1990 cR-9 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 Registered Nurses Act, 2008.

Definitions

††††††† 2. In this Act

†††††††††††† (a)"annual licence" means a licence issued to a member under subsection 14(2);

†††††††††††† (b)"association" means the Association of Registered Nurses of Newfoundland and Labrador continued by this Act;

†††††††††††† (c)"council" means the council of the association;

†††††††††††† (d)"executive director" means an employee appointed by the council to carry out the duties assigned by this Act and the by-laws of the association;

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

††††††††††††† (f)"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 registered 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;

†††††††††††† (g)"practice" means the practice of nursing;

†††††††††††† (h)"register" means the register referred to in section 15;

††††††††††††† (i)"registered nurse" means a person who is registered as a member of the association; and

††††††††††††† (j)"registration" means the entry of a name in the register.

Corporation

††††††† 3. (1) The Association of Registered Nurses of Newfoundland and Labrador is continued as a corporation without share capital for the purposes of Part XXI of the Corporations Act.

†††††††††††† (2)Notwithstanding its continuation as a corporation under this Act, the Corporations Act applies to the association and it shall be governed by that Act for all purposes, including a change of name of the association.

†††††††††††† (3)The following persons shall, notwithstanding anything contained in the by-laws, be members of the association:

†††††††††††† (a)persons who are holders of a licence and pay the fee for membership;

†††††††††††† (b)persons whose names appear on the register but who do not hold a licence; and

†††††††††††† (c)persons who the council may appoint as honorary members.

Objects

††††††† 4. The objects of the association are, in the interest of the public of the province,

†††††††††††† (a)to advance and promote the ethical and professional standards of the nursing profession;

†††††††††††† (b)to promote proficiency and competency in the nursing profession; and

†††††††††††† (c)to encourage its members to participate in activities promoting the health and well-being of the public.

Council

††††††† 5. (1) The council of the association, which shall govern the association, is continued.

†††††††††††† (2)The members of the council are the directors of the association.

Composition of the council

††††††† 6. (1) The council shall consist of

†††††††††††† (a)a president and a president-elect and 8 other persons elected from and by registered nurses in accordance with the by-laws; and

†††††††††††† (b)4 persons appointed by the minister to represent the public interest who are not registered nurses.

†††††††††††† (2)Where a vacancy occurs in the membership of the council as a result of the death, retirement, resignation or incapacity to act of that member, the vacancy shall be filled

†††††††††††† (a)in the case of an elected member, by an election in accordance with the by-laws; and

†††††††††††† (b)in the case of another member, by appointment in the manner provided in paragraph (1)(b).

†††††††††††† (3)When a vacancy is filled under subsection (2), the person filling the vacancy shall serve only for the remainder of the term of office of the member being replaced, and that person is eligible for re-election or reappointment.

†††††††††††† (4)A member of the council other than a person elected as the president or the president-elect shall be elected or appointed for a term of 3 years and is eligible for re-election or re-appointment, but such a member shall not serve on the council for a continuous period exceeding 9 years.

†††††††††††† (5)Where the term of office of a member of the council expires and a successor has not been elected or appointed, that member may continue to hold office until a successor is elected or appointed but time served by that member under this subsection shall not be counted for the purpose of subsection (4).

Annual meeting

††††††† 7. (1) The association shall hold an annual general meeting in accordance with the by-laws.

†††††††††††† (2)At its annual general meeting the association shall

†††††††††††† (a)appoint an auditor to audit the accounts of the association and to report on the financial statements of the association; and

†††††††††††† (b)consider and vote on those other matters required by the by-laws.

†††††††††††† (3)The council shall prepare and submit to the minister before July 1 each year

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

†††††††††††† (b)the associationís audited financial statements.

†††††††††††† (4)The minister shall present a copy of the annual report and the audited financial statement in the House of Assembly within 15 days of receiving it if the House is sitting and if the House is not sitting within 15 days after it next begins to sit.

†††††††††††† (5)Where the council fails to comply with subsection (3), it is guilty of an offence and liable upon summary conviction to a fine of $1,000.

Council officers

††††††† 8. (1) The president shall preside at meetings of the council and the association.

†††††††††††† (2)The president-elect shall become the president of the council when the then president leaves office.

†††††††††††† (3)The president-elect shall, in the absence of the president, preside at meetings of the council and the association.

†††††††††††† (4)The council shall appoint a registered nurse to be executive director of the association.

†††††††††††† (5)The executive director shall carry out the duties imposed upon the executive director by this Act and the by-laws.

†††††††††††† (6)The executive director is, by virtue of the office, a non-voting member of the council.

†††††††††††† (7)At meetings of the council, each member of the council shall have one vote and in the case of a tie, the chairperson or, in the absence of the chairperson, the vice-chairperson shall have a second or casting vote.

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

Quorum

††††††† 9. Seven members of the council, 2 of whom are members appointed by the minister to represent the public interest, shall constitute a quorum for a meeting.

By-laws

††††† 10. (1) The council may make by-laws

†††††††††††† (a)providing for the holding and procedure of its and the associationís meetings;

†††††††††††† (b)providing for the election of members of the council under paragraph 6(1)(a) including the term of office of the president and president-elect;

†††††††††††† (c)providing who may vote at meetings of the association;

†††††††††††† (d)respecting the awarding of honorary memberships in the association;

†††††††††††† (e)respecting the participation of members of the council in a meeting of the council by telephone or other telecommunications device under subsection 8(8);

††††††††††††† (f)respecting the maintenance of the register and the form and contents of it;

†††††††††††† (g)respecting the remuneration, and allowances payable to members of the council for attending meetings and for carrying out the functions of the council under this Act, with power to prescribe different rates for different members and different functions;

†††††††††††† (h)respecting the appointment, termination and duties of the executive director and other employees;

††††††††††††† (i)respecting the remuneration and payment of travel expenses of members of adjudication tribunals;

††††††††††††† (j)establishing a code of ethics which shall include a definition of "professional misconduct" and "conduct unbecoming a registered nurse" for the purposes of sections 18 to 35;

†††††††††††† (k)establishing standards governing the practice of nursing, including standards of professional competence and of capacity and fitness to practise;

††††††††††††† (l)establishing rules respecting methods of advertising;

††††††††††† (m)providing for voting at meetings of the council; and

†††††††††††† (n)generally, respecting the administration of this Act and the regulations.

†††††††††††† (2)A by-law may be made, amended or repealed at a meeting of the council if 30 days notice, or the shorter period to which members of the council may consent, is given of the intention to make, amend or repeal a by-law, and of the meeting, to the members of the council.

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

Regulations

††††† 11. (1) The council may, with the approval of the minister, make regulations respecting

†††††††††††† (a)the registration and licensing of registered nurses under this Act;

†††††††††††† (b)continuing competency requirements;

†††††††††††† (c)the education and practice experience requirements for registration and licensing of registered nurses;

†††††††††††† (d)the requirement of registered nurses to carry professional liability protection;

†††††††††††† (e)the temporary registration and licensing of registered nurses;

††††††††††††† (f)the licensing of and scope of practice of nurse practitioners;

†††††††††††† (g)the issuing and renewal of conditional registration and licences and the terms and conditions on which that registration and those licences may be granted;

†††††††††††† (h)the approval of nursing education programs for the purposes of registration and licensing;

††††††††††††† (i)alternative dispute resolution for the purposes of section 23 and the procedure for that resolution;

††††††††††††† (j)time limits for events in the disciplinary process in sections 18 to 35, including time limits for

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

†††††††††††††††††††† (ii)the resolution of an allegation by the Director of Professional Conduct Review,

††††††††††††††††††† (iii)the conduct of an investigation under section 23,

††††††††††††††††††† (iv)consideration of an allegation by the council following completion of an investigation,

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

††††††††††††††††††† (vi)the conduct of a practice investigation under subparagraph 23(3)(c)(ii),

†††††††††††††††††† (vii)the appointment of an adjudication tribunal under section 24, and

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

†††††††††††† (k)the giving effect generally to the purpose of this Act.

†††††††††††† (2)Notwithstanding subsection (1), the minister may make regulations to prescribe time limits for events in the disciplinary process under sections 18 to 35 where the council does not do so in a time period the minister considers reasonable.

Fees

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

Register

††††† 13. The executive director shall maintain a register containing the name, address and other matters required by the by-laws, of each person having the qualifications required by this Act for registration and licensure.

Qualification for registration and licensing

††††† 14. (1) A person who has fulfilled the requirements for registration prescribed by the regulations is entitled to registration in the register upon payment of the fee for registration fixed by the council.

†††††††††††† (2)A registered nurse who

†††††††††††† (a)has been registered under subsection (1);

†††††††††††† (b)meets all requirements for licensing or renewal of licensing set out in this Act and the regulations;

†††††††††††† (c)has paid the required fees; and

†††††††††††† (d)whose registration or licence to practice nursing is not under review, suspended or revoked in another jurisdiction

is entitled to an annual licence to practice nursing.

†††††††††††† (3)An annual licence issued under subsection (2) may include licensure to practise as a nurse practitioner and may be issued to a registered 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)Notwithstanding subsection (3), only a person who has successfully completed a course of study prescribed by the council is eligible to be licensed as a nurse practitioner after June 30, 2009.

Registers of registered nurses

††††† 15. (1) The council shall keep

†††††††††††† (a)an historical register in which shall be entered the names of persons who have been granted registration under subsection 14(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 subsections 14(2) and (3) and other members of the association.

†††††††††††† (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.

Requirements to practise

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

Penalties

††††† 17. A person not registered under this Act who takes or uses the title "Registered Nurse" or "Nurse Practitioner" or the initials "RN" or "NP", 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 $3,000 for each offence and in default of payment to imprisonment for a period not exceeding one month.

Definitions

††††† 18. In this section and sections 19 to 35

†††††††††††† (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 and includes a person making a report under section 20;

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

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

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

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

††††††††††††††††††† (iv)incapacity or unfitness to engage in the practice of nursing, and

†††††††††††††††††††† (v)acting in breach of this Act, the regulations or the code of ethics made under section 10;

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

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

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

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

†††††††††††† (e)"Director of Professional Conduct Review" means the person appointed to the position by the council;

††††††††††††† (f)"disciplinary panel" means the panel of persons appointed under section 19 from which the members of an adjudication tribunal are chosen; and

†††††††††††† (g)"respondent" means a registered nurse or a former registered nurse against whom an allegation is made.

Committees

††††† 19. (1) The council shall appoint at least 5 of its members, at least 2 of whom were appointed by the minister to represent the public interest, to constitute a complaints authorization committee.

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

†††††††††††† (3)Three members of the complaints authorization committee, one of whom is a person appointed by the minister to represent the public interest, constitute a quorum of the committee.

†††††††††††† (4)The executive director is not eligible to be a member of the complaints authorization committee.

†††††††††††† (5)The council shall appoint at least 18 registered nurses who are not members of the council, one of whom shall be appointed to serve as chairperson, and the minister shall appoint at least 9 persons, who are not registered nurses or members of the council, to represent the public interest, who shall together constitute a disciplinary 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)Members of the disciplinary panel shall serve on the panel without payment for their services, but may be remunerated for service as a member of an adjudication tribunal and paid their travel and other expenses associated with the work of that tribunal by the council, in accordance with and at the rates set by the by-laws.

†††††††††† (10)The complaints authorization committee, an adjudication tribunal appointed under section 24 and a person appointed by either of them may summon a respondent or other person and require the respondent or other person 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, 2006.

Report by registered nurse

††††† 20. (1) A registered nurse who has knowledge, from direct observation or objective evidence, of conduct deserving of sanction of another registered nurse shall report the known facts to the Director of Professional Conduct Review.

†††††††††††† (2)A person or a corporation, partnership or association that terminates or imposes restrictions on the employment of a registered nurse based on direct knowledge of the registered nurse's conduct deserving of sanction shall report the known facts to the Director of Professional Conduct Review.

†††††††††††† (3)An action shall not be brought against a registered nurse, person, corporation, partnership or association or its directors or officers for the sole reason that he or she or the corporation, partnership or association complied with this section.

Allegation

††††† 21. (1) An allegation shall be in writing and signed by the complainant or his or her solicitor, and filed with the Director of Professional Conduct Review.

†††††††††††† (2)The Director of Professional Conduct Review 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 Director of Professional Conduct Review 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 registered nurses in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming a registered nurse or professional incompetence, the information shall be dealt with by the Director of Professional Conduct Review 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

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

†††††††††††† (2)Where the allegation is not satisfactorily resolved by the Director of Professional Conduct Review under subsection (1), he or she shall refer the allegation and all other allegations to the complaints authorization committee.

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

Complaints authorization committee

††††† 23. (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 Director of Professional Conduct Review for an investigation or alternative dispute resolution, or both 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 that 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 and the respondent.

†††††††††††† (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 Director of Professional Conduct Review to file the complaint against the respondent and refer it to the disciplinary panel; and

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

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

†††††††††††††††††††† (ii)the Director of Professional Conduct Review conduct an investigation of the respondentís practice, and where the council approves an investigation the Director of Professional Conduct Review shall conduct it,

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

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

†††††††††††† (a)the respondent to

††††††††††††††††††††† (i)undergo an examination or assessment he or she considers necessary and as arranged by the Director of Professional Conduct Review, and

†††††††††††††††††††† (ii)permit the Director of Professional Conduct Review or a member of the complaints authorization committee 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 Director of Professional Conduct Review or a member of the complaints authorization committee 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 registered 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 Director of Professional Conduct Review, a member of the complaints authorization committee 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 within 7 days of receipt of the request or a different period as specified in the request.

†††††††††††† (7)Where the complaints authorization committee recommends to the council that a respondentís practice be suspended, restricted or investigated under paragraph (3)(c), the council 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)Subsections (4), (5) and (6) apply to the Crown.

Adjudication tribunal

††††† 24. (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 registered 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 registered nurses on an adjudication tribunal to be the chairperson.

Hearing

††††† 25. (1) Where a complaint has been referred under paragraph 23(3)(b), an adjudication tribunal shall hear the complaint.

†††††††††††† (2)The parties to a hearing are the association 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 outweigh the desirability of holding the hearing in public.

Copies of books, etc. as evidence

††††† 26. 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 23(4) to conduct an inspection,

who made the copy or extract under subsection 23(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.

Guilty plea by respondent

††††† 27. (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 the respondent can demonstrate to the council or other body or person designated by the adjudication tribunal that 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 council 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 association;

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

††††††††††††† (f)order that the Director of Professional Conduct Review publish a summary of the decision including the information set out in subsection 29(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 council 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 rehabilitated such that the respondent can safely return to practice,

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

††††††††††††††††††† (vi)complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the council 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,

††††††††††††††††††† (ix)permit periodic inspection of his or her practice,

†††††††††††††††††††† (x)permit periodic inspection of records relating to his or her practice, or

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

†††††††††††† (3)The costs incurred by the association 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

††††† 28. (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 association 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 the respondent can demonstrate to the council or other body or person designated by the adjudication tribunal that 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 council 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 association;

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

††††††††††††† (f)order that the Director of Professional Conduct Review publish a summary of the decision including the information set out in subsection 29(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 council 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 rehabilitated such that the respondent can safely return to practice,

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

††††††††††††††††††† (vi)complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the council or other 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,

††††††††††††††††††† (ix)permit periodic inspection of his or her practice,

†††††††††††††††††††† (x)permit periodic inspection of records relating to his or her practice, or

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

†††††††††††† (4)The costs incurred by the association 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

††††† 29. (1) An adjudication tribunal shall file a decision or order made under subsection 27(2) or 28(3) with the Director of Professional Conduct Review and provide a copy to the complainant, the respondent, the respondent's employer and the minister.

†††††††††††† (2)The Director of Professional Conduct Review 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 registered nurse permit a person to view a summary of a decision where that registered nurse was the respondent, prepared in accordance with subsection (4).

†††††††††††† (3)The Director of Professional Conduct Review 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 expiry of the appeal period provided in section 35 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 Director of Professional Conduct Review 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.

†††††††††††† (6)The Director of Professional Conduct Review may give notice of the decision and information respecting the decision to the other persons the council may direct and shall include a summary of the decision in a certificate of good standing issued in relation to the respondent.

De-registration and suspension

††††† 30. (1) Where a respondent is allowed or directed to surrender his or her licence, his or her rights and privileges as a registered nurse to practise nursing cease.

†††††††††††† (2)Where a respondent requests that his or her name be removed, or where his or her name is struck off, a register maintained under this Act, his or her rights and privileges as a registered nurse to practise nursing cease.

†††††††††††† (3)Where a respondent is suspended, his or her rights and privileges as a registered nurse to practise nursing cease for the period of suspension.

†††††††††††† (4)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 registered nurse to practise nursing shall be limited to the extent specified by the conditions or restrictions.

Failure to comply

††††† 31. (1) On application by the association to the disciplinary panel, an adjudication tribunal may make an order suspending the licence of a respondent where it determines that the respondent has failed to comply with a decision or an order under sections 18 to 35.

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

†††††††††††† (3)An order of an adjudication tribunal under this section may suspend the licence 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

††††† 32. (1) Where a decision or order of an adjudication tribunal

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

†††††††††††† (b)allows or directs the respondent to surrender his or her licence or to be removed from a register maintained under this Act;

†††††††††††† (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 23(3)(b) and sections 25 to 30 apply, with the necessary changes, to the referred matter.

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

†††††††††††† (5)For the purpose of this section, in addition to an order that an adjudication tribunal may make under section 28, a tribunal may

†††††††††††† (a)vary the original decision or order made under section 28; or

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

Costs of the council

††††† 33. (1) Where a person who was ordered to pay the costs of the council under paragraph 27(2)(e) or 28(3)(e) fails to pay in the time required, the council may suspend the registration or licence of that person until the costs are paid.

†††††††††††† (2)Costs ordered to be paid under paragraph 27(2)(e) or 28(3)(e) are a debt due to the association and may be recovered by the association by a civil action.

Collection of fine

††††† 34. (1) Where an order is made under section 27 or 28 imposing a fine on a respondent, the association 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 any 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

††††† 35. (1) The association or the respondent may, within 30 days after receiving notice of a decision or order of an adjudication tribunal under this Part, appeal the decision or order or a part of it 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.

Other care givers

††††† 36. This Act shall not be interpreted as forbidding a legally qualified registered nurse or a nurse practitioner of another province or country whose engagement requires him or her to

†††††††††††† (a)accompany and care for a person temporarily in this province; or

†††††††††††† (b)provide education or consultative services

during the period of the engagement, which shall be for a maximum of 28 days, where the registered nurse or nurse practitioner does not hold himself or herself out as a registered nurse or a nurse practitioner licensed to practise in the province.

Nurse practitioner standards committee

††††† 37. (1) The association shall appoint a nurse practitioner standards committee including

†††††††††††† (a)a person nominated by the College of Physicians and Surgeons of Newfoundland and Labrador;

†††††††††††† (b)a person nominated by the Newfoundland and Labrador Pharmacy Board; and

†††††††††††† (c)the other members the association considers it appropriate to appoint.

†††††††††††† (2)Decisions of the committee shall be made by a majority vote of the members appointed under subsection (1) provided that at least one member appointed under each of paragraphs (a), (b) and (c) vote in agreement with that majority vote.

†††††††††††† (3)The committee shall establish standards for nurse practitioners

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

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

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

†††††††††††† (4)The committee is authorized, as provided for by regulations which the council, subject to the approval of the minister, may make, to approve practice protocols.

†††††††††††† (5)The committee and the members individually are not liable for anything done in good faith in the performance of their duties under this section and the regulations.

Regulations

††††† 38. The council, subject to the approval of the minister and following consultation by both of them with the committee appointed under section 37, may make regulations,

†††††††††††† (a)prescribing an approval process for a practice protocol for nurse practitioners to authorise the nurse practitioner to practice in the manner and to the extent set out in the practice protocol; and

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

Protection from liability

††††† 39. An action for damages does not lie against the executive director, the Director of Professional Conduct Review, an officer, employee or agent of the council, 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 council 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.

Offence

††††† 40. A person who obtains or attempts to obtain a registration or an annual licence by making a misrepresentation or declaration and a person who helps in the making of the misrepresentation or declaration is guilty of an offence.

Penalty

††††† 41. A person guilty of an offence is, where no other penalty is provided in this Act, liable on summary conviction to a fine of not more than $5,000.

Transition

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

†††††††††††† (2)An election to elect the 10 members referred to in paragraph 6(1)(a) shall be held within 12 months after the day this Act comes into force.

†††††††††††† (3)The minister shall make appointments under paragraph 6(1)(b) within 30 days of the election held under subsection (2).

†††††††††††† (4)Of the members of the council, not including the president and the president-elect, first elected under section 6,

†††††††††††† (a)2 shall be elected for a term of 4 years;

†††††††††††† (b)4 shall be elected for a term of 3 years; and

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

RSNL1990 cR-9 Rep.

††††† 43. The Registered Nurses Act is repealed.