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This is not an official version. POINT IN TIME |
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| December 13, 2001 to June 3, 2008 |
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Repealed on
June 4, 2008 RSNL1990 CHAPTER R-9 REGISTERED NURSES ACT Amended: 1992 c28; 1996 c16; 1997 c23; 1999 c19; 2001 c29 CHAPTER R-9 AN ACT RESPECTING THE ASSOCIATION OF REGISTERED NURSES OF
Short title 1. This Act may be cited as the Registered Nurses Act. Definitions 2. In this Act (a) "annual licence" means a licence issued to a member under subsection 8(2);
(a.1)
"association" means the Association of Registered Nurses of Newfoundland and (b) "board" means the Board of Examiners appointed under section 12; (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) "member" means a person who is a registered member of the association under subsection 8(1); (e.1) "member in good standing" means a member who holds an annual licence or who has been granted non-practising membership; (e.2) "minister" means the minister appointed under the Executive Council Act to administer this Act; (e.3) "nurse practitioner" means (i) a registered nurse who has successfully completed a course of study prescribed by the council and is licensed to practise as a nurse practitioner under this Act, or (ii) a nurse who, in the opinion of the council, has knowledge and skills sufficient as prescribed by the regulations to be licensed to practise as a nurse practitioner under this Act; (f) "practice" means the practice of nursing; (g) "register" means the register referred to in section 13; (h) "registered nurse" means a person possessed of the qualifications required by this Act, and who is authorized to offer services for the care of the sick and to give care intended for the prevention of disease and to receive remuneration, and who is a member in good standing of the association; and (i) "registration" means the entry of a name in the register. RSN1970 c268 s2; 1996 c16 s1; 1997 c23 s1; 1999 c19 s1 Corporation
3.
(1) The Association of Registered Nurses of (2) The corporation consists of all nurses admitted and authorized by this Act to practise their profession in the province and all persons becoming members of the association. RSN1970 c268 s3; 1999 c19 s2 Holding powers 4. The association may acquire, hold and enjoy property, movable or immovable, by gift or legacy or otherwise and may sell, lease, hypothecate, alienate or otherwise dispose of the property. Objects 5. The objects of the association are (a) to dignify the profession by maintaining and improving the ethical and professional standards of nursing education and service; (b) to encourage its members to participate in affairs promoting the public welfare; (c) to promote the best interests of the nurses of the province and to maintain unity among them; (d) to encourage an attitude of mutual understanding with the nurses of other countries; and (e) other lawful acts and things that are incidental or conducive to the attainment of the preceding objects. Council 6. (1) There shall be a council of the association which shall conduct the affairs of the association between meetings of the association. (2) The council shall consist of (a) that number of persons elected from among the members who hold annual licences as the by-laws may provide; and (b) 2 persons who are not members and who are appointed by the minister. (3) The council shall appoint an executive director to carry out the duties assigned by this Act and the by-laws of the association. By-laws 7. (1) Subject to the approval of the minister, the association may make by-laws for (a) the management of the property and affairs of the association; (b) the maintenance of the association; (c) the fixing and collecting of annual and other fees; (d) the time, place and conduct of the annual and other meetings of the association; (e) the organization of local chapters of the association; (f) the admission, registration, dismissal, suspension and re-instatement of members; and (g) generally, all other matters that it may consider necessary or convenient for the administration of the association and the promotion of its welfare and that of the profession. (2) Amendments to the by-laws proposed at a general or special meeting of the association may be adopted by a majority vote providing 2 months' notice of motion has been given in writing to every member in good standing or by unanimous vote where no notice has been given. RSN1970 c268 s9; 1986 c30 s6; 1996 c16 s3; 1997 c23 s2 Licensing and membership 8. (1) Upon payment of the fee required by the by-laws registration as a member of the association shall be granted to (a) all nurses from outside the province who apply for registration as members and who have acceptable registration or licensure in another jurisdiction and qualifications and competency equivalent to those required by this Act and the by-laws; and (b) all nurses who graduate from approved schools of nursing in this province, when they have passed the nurse registration examinations adopted by the board. (2) An annual licence to practice nursing shall be issued to all nurses who (a) have been registered under subsection 8(1); (b) meet all requirements for licensing or renewal of licensing set out in the Act and the by-laws; (c) have paid the required fees; and (d) whose registration or licence to practice nursing is not suspended or revoked in another jurisdiction. (3) Non-practising membership may be granted annually to members who do not hold annual licences on the terms that may be set out in the by-laws of the association. (4) An annual licence issued under subsection (2) may include licensure to practise as a nurse practitioner and may be issued to a nurse who (a) has successfully completed a course of study approved by the council; or (b) in the opinion of the council has sufficient knowledge and skills as prescribed by the regulations to be licensed to practise as a nurse practitioner. Schools of nursing 9. The council shall approve schools of nursing that meet those requirements that may be adopted by the council for (a) an educational program that leads to initial licensure as a registered nurse; and (b) other programs necessary to acquire specific licensure. Nursing school advisor 10. The council may appoint a school of nursing advisor whose duties shall be defined by the by-laws. Certificates of competency 11. (1) All applicants for admission to schools of nursing shall have successfully completed the Grade 12 course or its equivalent. (2) Subsection (1) does not apply to an applicant for admission to a school of nursing in the province who completed the Grade XI course or its equivalent before July 1, 1983. RSN1970 c268 s13; 1984 c19 s1; 1996 c16 s6 Powers of nurse practitioner 11.1 (1) A nurse practitioner licensed under this Act may (a) communicate to a patient or that person's substitute decision maker a diagnosis made by that nurse practitioner identifying a disease or disorder which may be identified from (i) the patient's health history, (ii) the findings of a health examination performed by the nurse practitioner, and (iii) the results of any laboratory or other tests the nurse practitioner is authorized to perform; (b) order the application of a form of energy (i) prescribed by the regulations, or (ii) which he or she is authorized to order by a practice protocol issued to him or her by the council under the regulations; (c) order laboratory or other tests (i) prescribed by the regulations, or (ii) which he or she is authorized to order by a practice protocol issued to him or her by the council under the regulations; and (d) prescribe a drug (i) designated to in the regulations, or (ii) which he or she is authorized to prescribe by a practice protocol issued to him or her by the council under the regulations. (2) A nurse practitioner shall not communicate a diagnosis made under paragraph (1)(a) unless he or she has complied with the standards and scope of practice respecting collaboration with members of other health professions (a) prescribed in the regulations; or (b) set by a practice protocol issued to him or her by the council under the regulations. Board of examiners 12. (1) The council shall appoint a board of examiners which shall consist of that number of members and who shall hold office for the term that may be set out in the by-laws. (2) The board shall select the chairperson from among its membership. (3) Where the chairperson is not present at a meeting the members of the board shall elect a chairperson from among the members present to be chairperson for that meeting. (4) The duties of the board are (a) to oversee all matters related to the conduct of nurse registration examinations as prescribed by the Canadian Nurses Association or otherwise and adopted by the board; and (b) to monitor and to make recommendations in relation to nurse examination results. RSN1970 c268 s14; 1983 c76 s10; 1996 c16 s7 Registers of nurses 13. (1) The council shall keep (a) an historical register in which shall be entered the names of members who have been granted registration under subsection 8(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 8(2) and (4) and members holding non-practising membership under subsection 8(3). (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. Financial year 14. The financial year of the association shall be from April 1 in one year to March 31 in the next year. RSN1970 c268 s16; 1999 c19 s3 Fees 15. (1) An annual licence and non-practising membership shall be effective at the time and for the term that may be set out in the by-laws. (2) The fees for the issue of an annual licence and for the grant of non-practising membership shall be paid prior to the time at which the licence or membership becomes effective. (3) A late payment fee for the issue of an annual licence may be collected in the amount and on those terms that are set out in the by-laws. (4) Candidates for registration examinations or any other required examinations shall pay those fees that are set out in the by-laws. Requirements to practise 16. (1) Except as provided in this Act, a person shall not practise as a nurse or a nurse practitioner or hold himself or herself out as a registered nurse or a nurse practitioner unless that person is registered as a member and holds an annual licence. (2) The by-laws shall provide for an interim licence to enable persons to practise nursing pending the granting of registration under subsection 8(1) and the issue of an annual licence under subsection 8(2) and the interim licence shall be subject to those requirements that may be set out in the by-laws. (3) A person shall not practise as a nurse or a nurse practitioner under an assumed name. RSN1970 c268 s18; 1996 c16 s10; 1997 c23 s8 Right to recover fees 17. A person does not have the right to recover fees or compensation for professional services rendered or to avail himself or herself of a right or privilege conferred by this Act unless the person was registered as a member and held an annual licence when he or she rendered the services. RSN1970 c268 s19; 1996 c16 s11 Penalties 18. A person not a member of the association in good standing who takes or uses the title "Registered Nurse" or "Nurse Practitioner" or the initials "R.N." or "N.P.", either alone or in combination with other words, letters, or description implying that the person is registered under this Act, or is entitled to be registered under this Act, or is recognized by law as a registered nurse or nurse practitioner is guilty of an offence and liable upon summary conviction to a fine not exceeding $1,000 for each offence and in default of payment to imprisonment for a period not exceeding one month. Rep. by 1996 c16 s13 19. [Rep. by 1996 c16 s13] Honourary membership 20. The by-laws shall provide for honourary membership in the association. Revocation of registration 21. (1) The council may, by a 2/3 majority of its members personally present at a convened meeting of the council, revoke or suspend a licence for the period that the council may in its discretion decide. (1.1) The council may appoint a committee one member of which is to be a person who is not a member of the association, which shall consider the revocation or suspension of a licence. (1.2) The council shall specify rules of procedure that the committee shall follow in hearing an issue under subsection (1.1). (1.3) The council and the committee are vested with all the powers of a commissioner under thePublic Inquiries Act. (2) Revocation or suspension may be made upon written complaint, proved to the satisfaction of the council or the committee appointed under subsection (1.1), of (a) dishonesty; (b) incompetence; (c) a habit or illness making the nurse unfit to care for the sick; (d) conduct that does not conform to the standards of the profession; (d.1) the failure of a nurse practitioner to practice in accordance with a practice protocol issued to him or her; (e) fraud or misrepresentation in the obtaining of a licence; or (f) default of not less than 3 months in payment of the annual fee fixed by the by-laws of the association as a condition of the maintenance of membership in the association. (2.1) A person who has made a complaint under subsection (2) shall be given not less than 7 days' notice in writing of the hearing of the complaint and shall have the right to attend the hearing. (3) The name of a person whose certificate is revoked or suspended shall be struck from the register, and shall not again be entered except by direction of the council or the committee appointed under subsection (1.1). (4) A licence shall not be revoked or suspended unless the person against whom the complaint is made has been given not less than 7 days' notice in writing of the complaint and of the time and place of hearing of the complaint by the council or the committee appointed under subsection (1.1). (5) The person against whom the complaint is made may appear before the council or the committee appointed under subsection (1.1) upon the hearing of the complaint either in person or by counsel. (6) Within 6 months after the revocation or suspension of a licence, the person whose licence was revoked or suspended may appeal to a judge of the Trial Division against the decision of the council or the committee appointed under subsection (1.1). (7) Seven days' notice in writing of the appeal shall be given to the council or the committee appointed under subsection (1.1) and the procedure on the appeal shall be as directed by the judge before whom it comes for hearing. (8) The decision of the judge shall be final and conclusive and shall immediately be acted upon by the council or the committee appointed under subsection (1.1). (9) In this section, nurse includes a nurse practitioner. RSN1970 c268 s23; 1974 No57 Sch C; 1986 c42 Sch A; 1992 c28 s1; 1996 c16 s14; 1997 c23 s10; 1999 c19 s4; 2001 c29 s2 Other care givers 22. This Act shall not be interpreted as forbidding (a) a legally qualified nurse or a nurse practitioner of another province or country whose engagement requires him or her to accompany and care for a patient temporarily living in this province, during the period of the engagement, where the nurse or a nurse practitioner does not hold himself or herself out as a nurse or a nurse practitioner licensed to practise in the province; (b) a house maid or employee, companion, nursery maid or other domestic helper in regular or temporary services or simply in emergency cases to give care to the sick where the person is employed in the capacity of house maid, employee, companion, nursery maid or domestic helper; (c) anyone caring for members of his or her family; (d) a category of auxiliaries, nursing assistants, ward aides, midwives, practical nurses, or orderlies to care for the sick for pay; (e) student candidates in recognized schools of nursing to care for the sick; and (f) physicians, surgeons or dental surgeons to practise their respective professions and to attend their patients. RSN1970 c268 s24; 1997 c23 s11 Consultative and approvals committee 22.1 (1) The minister shall appoint a committee of health care professionals and administrators, including (a) a person nominated by the Newfoundland Medical Board; (b) a person nominated by the Newfoundland Pharmaceutical Association;
(c)
a person nominated by the Association of Registered Nurses of Newfoundland and (d) the other members the minister 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 provide advice to (a) the minister and the council with respect to regulations made under section 22.2; (b) hospital boards constituted under the Hospitals Act ; (c) regional health and community services boards established under the Health and Community Services Act ; and (d) the board and foundation established and continued under the Cancer Treatment and Research Foundation Act . (4) The committee shall annually review and report to the minister and the council on regulations governing the activities of nurse practitioners. (5) 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. (6) 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 22.2 The council, subject to the approval of the minister and following consultation by both of them with the committee appointed under section 22.1, may make regulations, (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; (c) designating the drugs that a nurse practitioner may prescribe and the circumstances under which the drugs may be prescribed; (d) 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 (e) generally to establish the standards and scope of practice of nurse practitioners. Offence 23. A person who contravenes subsection 16(1) or (3) is guilty of an offence. Offence 24. 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. RSN1970 c268 s26; 1996 c16 s15 Penalty 25. 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 $1,000. RSN1970 c268 s27; 1996 c16 s16 ©Earl G. Tucker, Queen's Printer |