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Revised Statutes of Newfoundland 1990


CHAPTER N-6

AN ACT RESPECTING THE REGISTRATION OF NURSING ASSISTANTS

Analysis

1. Short title

2. Definitions

3. Council

4. Meetings of council

5. Fees and audit

6. Functions of council

7. Power to make agreements

8. Registration

9. Registrar

10. Disciplinary procedure

11. Appeal

12. Regulations

13. Prohibition

14. Offence

15. Exemption


Short title

1. This Act may be cited as the Nursing Assistants Act.

1983 c50 s1

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Definitions

2. In this Act

(a) "council" means the Council for Nursing Assistants;

(b) "minister" means the Minister of Health;

(c) "register" means the register of nursing assistants kept by the registrar;

(d) "registered nursing assistant" means a nursing assistant registered under this Act; and

(e) "registrar" means the Registrar of Nursing Assistants.

1983 c50 s2; 1988 c34 s1

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Council

3. (1) The Council for Nursing Assistants is continued as a corporation.

(2) The council shall consist of up to 15 members appointed by the minister, of whom

(a) 3 shall be registered nursing assistants appointed at large;

(b) 2 shall be nominated by the minister and 1 shall be nominated by the Minister of Education to represent their respective departments;

(c) 1 shall be appointed from each list of 2 nominees supplied by each of the schools providing instruction to nursing assistants;

(d) 2 shall be appointed from a list of 4 nominees supplied by the Association of Registered Nurses of Newfoundland;

(e) 2 shall be appointed from a list of 4 nominees supplied by the Newfoundland Hospital Association;

(f) 1 shall be appointed to act as chairperson; and

(g) 1 shall be appointed to represent the general public.

(3) Each member of the council shall be appointed for a period not exceeding 3 years and at the end of that period and at the end of each succeeding 3 year period 5 of the members of the council shall retire and the 10 members of the council not retired at the end of each 3 year period may continue in office for a further 3 year period but a member of the council is not eligible to serve for a continuous period exceeding 9 years.

(4) The 5 members of the council to retire in accordance with subsection (3) shall be chosen by the council and where the council is unable to agree, the selection shall be made by the minister.

(5) A person named to fill a vacancy in the council shall be appointed in the same manner as the person being replaced and serve only for the remainder of the term of office of the member being replaced, but the person is eligible for reappointment.

(6) The members of the council shall be reimbursed by the council for travel expenses incurred in relation to meetings and the work of the council in accordance with a scale for expenses of public employees that may be provided.

(7) The board shall be responsible to the minister.

1983 c50 s3; 1988 c34 s2

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Meetings of council

4. (1) Eight members of the council, at least 1 of whom shall be a member referred to in paragraph 3(2)(a), constitute a quorum for a meeting of the council.

(2) A decision of a majority of the members in attendance at a meeting shall be the decision of the council and in the event of a tie the chairperson, or where the chairperson is absent the vice-chairperson, shall have a 2nd and deciding vote.

1983 c50 s4

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Fees and audit

5. (1) In prescribing the fees payable under this Act, the council 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 council shall be applied by it to the costs of discharging its functions under this Act.

(3) The council shall appoint auditors who shall annually audit the affairs of the council.

1983 c50 s5

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Functions of council

6. The functions of the council are

(a) to set educational standards for registered nursing assistants;

(b) annually to evaluate programs for the education of registered nursing assistants in the province in order to determine whether those programs are operating in compliance with the prescribed standards;

(c) to set qualifications for registration;

(d) to examine candidates applying to be registered;

(e) to hear complaints against registered nursing assistants and administer disciplinary procedures;

(f) to develop and publicize the functions and areas of competence of and standards of practice for registered nursing assistants;

(g) to monitor the need for registered nursing assistants; and

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

1983 c50 s6

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Power to make agreements

7. The council 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 council.

1983 c50 s7

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Registration

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

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

(a) has completed a program of education for registered nursing assistants, or its equivalent, as determined by the council; and

(b) meets the other requirements prescribed by regulation.

(3) The registrar shall renew the registration annually of a registered nursing assistant where that person meets the requirements of this Act and the regulations and pays the prescribed fee.

1988 c34 s3

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Registrar

9. (1) The council shall appoint a Registrar of Nursing Assistants who shall be by virtue of that office a member of the council.

(2) The registrar shall

(a) register nursing assistants who meet the qualifications for registration established by this Act and others that may be prescribed by regulation and issue a certificate of registration;

(b) keep and maintain an up-to-date register of the names of nursing assistants registered under this Act;

(c) collect fees that may be prescribed by regulation;

(d) act as secretary to the council;

(e) administer examinations prescribed by the council; and

(f) perform other duties that the council may require.

1983 c50 s9

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Disciplinary procedure

10. (1) The council shall appoint a disciplinary committee consisting of those members of the council together with other persons that the council may decide, but at least 1 member of the committee shall be a registered nursing assistant.

(2) Where the council receives a written complaint alleging negligence, incompetence or professional misconduct by a registered nursing assistant, the council or, where the matter is referred to it by the council, the disciplinary committee, shall investigate the matter and may hear and determine the complaint.

(3) Where an inquiry is held under subsection (2), the council or the disciplinary committee shall give notice to the person against whom the complaint is made of the time and place of the hearing.

(4) The disciplinary committee shall, after conducting an inquiry into a matter referred to it by the council under subsection (2), report in writing to the council its findings, recommendations and reasons.

(5) Upon receipt of a report of the disciplinary committee and after reviewing the report or, where the council has itself conducted the inquiry, the council may, where it determines that the complaint is sustained, take disciplinary measures including the suspension or cancellation of the registration of the person complained against.

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

(7) The registrar shall upon the cancellation of a registration strike the name of the holder of it from the register.

(8) The council, or the disciplinary committee, is vested with all the powers that are or may be conferred on a commissioner under the Public Inquiries Act for the purpose of a hearing held under this section.

(9) A registered nursing assistant who is the subject of a hearing under this section has the right to be heard and to be represented by a solicitor or other person.

1983 c50 s10; 1988 c34 s4

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Appeal

11. (1) An appeal lies to a judge of the Trial Division from a decision of the council made under section 10.

(2) An appeal under subsection (1) shall be made within 30 days of written notice to the registered nursing assistant of the decision of the council.

1983 c50 s11; 1986 c42 Sch B

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Regulations

12. The council may, subject to the approval of the minister, make regulations

(a) approving schools and educational programs for registered nursing assistants 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 nursing assistants;

(c) prescribing the qualifications for the registration of persons as registered nursing assistants including qualifications for temporary registration;

(d) prescribing the registration fees payable including fees for renewal of registration and prescribing other fees that the council considers necessary to defray its expenses;

(e) providing for the holding and procedure of its meetings;

(f) respecting the appointment of committees and the duties and responsibilities of those committees;

(g) respecting the disciplining of registered nursing assistants;

(h) respecting the employment and remuneration of staff and consultants;

(i) defining "professional misconduct"; and

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

1983 c50 s12

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Prohibition

13. A person shall not claim to be a registered nursing assistant unless that person is registered under this Act.

1983 c50 s13

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Offence

14. A person who contravenes this Act is guilty of an offence and is liable on summary conviction to a fine not exceeding $500 and to imprisonment for a term not exceeding 1 month in default of payment or to both a fine and imprisonment.

1983 c50 s14

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Exemption

15. 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 registered nursing assistant;

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

(d) by a registered nurse.

1983 c50 s15

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