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54 |
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Second
Session, 45th General Assembly 54
Elizabeth II, 2005 |
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AN ACT RESPECTING THE
LICENSURE OF |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE
JOHN OTTENHEIMER Minister
of Health and Community Services |
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Ordered
to be printed by the Honourable House of Assembly |
EXPLANATORY NOTES This Bill would revise the law respecting the regulation of licensed practical nurses. In particular, the Bill would establish a clear separation between advocacy on behalf of the professional group and the responsibility of the governing body of the professional group to establish and enforce qualifications for licensure or registration in the interest of the protection of the public. The second principal focus of the
Bill is the establishment of a disciplinary regime that fully incorporates the
developed principles of administrative law respecting impartiality, fairness,
and the right to be heard. |
A AN ACT RESPECTING THE LICENSURE OF
PRACTICAL NURSES 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 respondent's licence be suspended or
restricted, or (ii) the registrar conduct an investigation of the
respondent's 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 respondent's practice be suspended, restricted
or investigated the board may (a) decide not to act on the recommendation; or (b) suspend, restrict or investigate the
respondent's 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 respondent's 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 respondent's 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 respondent's 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 respondent's 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 respondent's 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 judge's 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. ŠEarl G. Tucker, Queen's Printer |