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SNL2024 CHAPTER N-5.1 NURSES ACT Amended: CHAPTER N-5.1 AN ACT RESPECTING
LICENSED PRACTICAL NURSES, REGISTERED NURSES, REGISTERED PSYCHIATRIC NURSES
AND NURSE PRACTITIONERS (Assented to December 4, 2024)
PART I
PART II
PART III
PART IV
PART V
PART VI
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 Nurses Act. Definitions 2. In this Act
(a)
"audio-visual technology" means technology that allows persons who are not in the physical presence of one another to see, hear and communicate with each other at all times;
(b) "board" means the board of directors of the college referred to in section 5; (c) "college" means the Newfoundland and Labrador College of Nurses established under section 3;
(d)
"department" means
the department presided over by the minister;
(e) "licence" means, unless the context indicates otherwise, a licensed practical nurse licence, registered nurse licence, registered psychiatric nurse licence or nurse practitioner licence;
(f)
"licensed practical nurse" means, unless the context indicates otherwise,
a person who holds a licensed practical nurse licence
;
(g) "licensed practical nurse licence" means a licence issued under paragraph 14(1)(a) to engage in the practice of nursing;
(h)
"minister" means
the minister appointed under the Executive Council Act
to administer this Act;
(i
)
"nurse practitioner" means, unless the context indicates otherwise,
a registered nurse who holds a nurse practitioner licence
;
(j)
"nurse practitioner licence" means
a licence
issued under paragraph 14(1)(d) to engage in the practice of nursing;
(k) "practice of nursing" means the use of nursing knowledge, theory and skill in (i ) the promotion, maintenance and restoration of health, and (ii) the prevention, treatment and palliation of illness and injury primarily by (A) assessing health status, (B) planning, implementing and evaluating interventions, and (C) coordinating health services; (l) "practice of psychiatric nursing" means the use of psychiatric nursing knowledge, theory and skill in (i ) the promotion, maintenance and restoration of health with a focus on psychosocial, mental or emotional health, and (ii) the prevention, treatment and palliation of illness and injury, with a focus on psychosocial, mental, or emotional disorders and conditions or comorbid physiological conditions, primarily by (A) assessing health status, (B) planning, implementing and evaluating interventions, and (C) coordinating health services;
(m)
"register" means
the register referred to in section 13;
(n)
"registered nurse" means, unless the context indicates otherwise,
a person who holds a registered nurse licence
;
(o)
"registered nurse licence" means
a licence
issued under paragraph 14(1)(b) to engage in the practice of nursing;
(p)
"registered psychiatric nurse" means, unless the context indicates otherwise,
a person who holds a registered psychiatric nurse licence
;
(q) "registered psychiatric nurse licence" means a licence issued under paragraph 14(1)(c) to engage in the practice of psychiatric nursing;
(r)
"registrant" means
a licensed practical nurse, registered nurse, registered psychiatric nurse or nurse practitioner; and
(s)
"registrar" means
the person appointed as registrar under section 7. College
3.
(1) The Newfoundland and Labrador College of Nurses is established as a corporation without share capital for the purposes of Part XXI of the Corporations Act
.
(2)
The college is the successor in law to the College of Registered Nurses of Newfoundland and Labrador and the College of Licensed Practical Nurses of Newfoundland and Labrador. Objects
4.
(1) The college shall regulate the practice of nursing, the practice of psychiatric nursing and the nursing profession in the public interest.
(2)
The objects of the college include (a) the approval of education programs for licensed practical nurses, registered nurses, registered psychiatric nurses and nurse practitioners in accordance with the regulations;
(b)
the promotion of
(i
)
high standards of practice, and (ii) continuing competence and quality improvement; (c) the licensing of registrants;
(d)
the establishment, maintenance and development of standards
for the practice of nursing
and the practice of psychiatric nursing;
(e) responding to and managing complaints and discipline related to the practice of nursing and the practice of psychiatric nursing;
(f)
establishing and maintaining a quality assurance program;
(g) the enforcement of standards of conduct; and
(h)
ensuring that the public interest is protected in all matters relating to the practice of nursing and the practice of psychiatric nursing. Composition of board
5.
(1) The board
shall consist of (a) 9 members elected from and by registrants in accordance with the by-laws; (b) 2 members appointed by the minister under paragraph 6(1)(a); (c) one member appointed by the minister under paragraph 6(1)(b); and
(d)
2 members appointed by the board under subsection 6(2)
.
(2)
A person who is employed by, under contract with or holds any elected or appointed position with a union or advocacy group that promotes the interests of registrants or persons registered as licensed practical nurses, registered nurses, registered psychiatric nurses or nurse practitioners in another jurisdiction is ineligible to be a member of the board.
(3)
A person elected under this section shall hold office for a term of 3 years and is eligible to be re-elected. (4) Where a person elected under this section holds office for a period of 9 consecutive years, the person is not eligible for election as a member until the expiration of 12 months from the end of the year in which the person was last a member.
(5)
Where the term of office of a person elected under this section expires, the person continues to be a member of the board until re-elected or replaced. (6) A person elected under this section may resign from the board by written notice to the board. (7) Where a person elected under this section dies, retires, resigns or becomes incapable of performing the elected member's duties, the vacancy shall be filled by an election in accordance with the by-laws. (8) Where a vacancy is filled under subsection (7), the person filling the vacancy shall serve for the remainder of the term of office of the member being replaced, and that person is eligible for re-election. (9) M embers elected under this section may be remunerated by the board for their service on the board and paid their travel and other expenses associated with their duties as members, in accordance with the by-laws.
(10)
The board shall elect an executive from the members including a chairperson who shall preside over meetings of the board, a vice-chairperson who shall preside over meetings in the absence of the chairperson and other officers as provided for in the by-laws. (11) 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 audio-visual technology .
(12)
A quorum of the board is 50% plus one member, at least one of whom shall be a member appointed to represent the public interest.
(13)
Where there is a tie vote on a motion or resolution of the board, that motion or resolution shall be considered to be
defeated. Appointed members
6.
(1) The minister shall appoint (a) 2 members who are not registrants who are suitable to represent the public interest; and (b) one member selected from a list of nominees, submitted by the board , who are knowledgeable in education programs for licensed practical nurses, registered nurses, registered psychiatric nurses or nurse practitioners .
(2)
The board shall appoint 2 members who are not registrants who are suitable to represent the public interest.
(3)
A person appointed under this section shall hold office for a term of 3 years and is eligible to be reappointed.
(4)
Where a person appointed under this section holds office for a period of 9 consecutive years, the person is not eligible for appointment as a member until the expiration of 12 months from the end of the year in which the person was last a member.
(5)
Where the term of office of a person appointed under this section expires, the person continues to be a member until reappointed or replaced.
(6)
Where
a person appointed under this section
dies, retires, resigns
or
becomes incapable of performing the member's duties,
the vacancy shall be filled by appointment in the manner provided for in this section under which the person who is being replaced was appointed. (7) Where a vacancy is filled under subsection (6), the person filling the vacancy shall serve for the remainder of the term of office of the member being replaced, and that person is eligible for reappointment.
(8)
Members appointed under this section may be remunerated by the
board
for their service on the
board
and paid their travel and other expenses associated with their duties as members,
in accordance with guidelines established by the Lieutenant-Governor in Council.
(9)
A person appointed under subsection (1) may be removed from office by the minister before the expiration of the person's term of office and no compensation shall be paid to the person other than an amount owing under subsection (8).
(10)
A person appointed under subsection (2) may be removed from office by the board before the expiration of the person's term of office and no compensation shall be paid to the person other than an amount owing under subsection (8).
(11)
A person appointed under subsection (1) may resign from the board by written notice to the minister.
(12)
A person appointed under subsection (2) may resign from the board by written notice to the board. Registrar
7.
(1) The board shall appoint a person as registrar in accordance with the by-laws.
(2)
The
registrar shall carry out the duties imposed upon the registrar by this Act and the by-laws
.
(3)
The registrar may appoint an employee of the college to be the deputy registrar who has the powers and duties of the registrar in the absence or incapacity of the registrar, or when acting under the direction of the registrar. Committees
8.
(1) The board may appoint committees to carry out the duties and functions directed by the board. (2) The board may delegate a duty or power given to the board by this Act to a committee.
(3)
An action or decision of a committee to which the
board
delegates a duty or power is considered to be
the action or decision of the
board
. Fees
9.
(1) The board may set and collect fees for the purposes of this Act. (2) In setting fees, the board shall, to the extent that it is practicable, ensure that the fees are sufficient to enable the college to perform its duties under this Act.
(3)
The board
shall apply all fees collected by it to the performance of its duties. Annual meeting
10.
(1)
The college shall hold annual general meetings in accordance with the by-laws.
(2)
At the annual general meeting the board shall
(a)
appoint an auditor to audit the accounts of the college and to report on the financial statements of the college; and
(b)
consider and vote on those other matters required by the by-laws. Annual reports
11.
(1) The college shall prepare and submit to the minister before July 1 in a year
(a)
a report on the activities of the college; and
(b)
the college's audited financial statements.
(2)
The minister shall publish the annual report on the department's website.
(3)
The college shall, where it has a website, publish the annual report on its website in a manner that the annual report may be accessed by a member of the public. By-laws
12.
(1) The board may make by-laws not inconsistent with this Act
(a)
respecting the election of members under paragraph 5(1)(a);
(b)
respecting the remuneration and payment of expenses of elected members of the board;
(c)
respecting the election of an executive under subsection 5(10);
(d)
respecting the participation of members at a meeting of the board
by audio-visual technology
under subsection 5(11);
(e)
respecting the appointment, remuneration and duties of the registrar;
(f)
respecting the holding of meetings and the procedure at those meetings;
(g) respecting matters that may be considered and voted on at annual general meetings;
(h)
respecting the voting of the board by mail or electronic means;
(i ) respecting information to be contained in the register;
(j)
respecting the remuneration and payment of expenses of members of adjudication tribunals and members of committees;
(k)
establishing a code of ethics;
(l)
establishing definitions of
"professional misconduct", "professional incompetence", "conduct unbecoming a registrant" and "incapacity or unfitness to engage in the practice of nursing or the practice of psychiatric nursing" for the purposes of Part III;
(m)
establishing
standards governing the practice of nursing and the practice of psychiatric nursing, including standards of professional competence and of capacity and fitness to practise
;
(n) establishing rules respecting methods of advertising; and (o) generally, to assist in the administration of this Act and the regulations.
(2)
A by-law may be made, amended
or repealed at a meeting of the board where members are provided with 30 days' notice, in writing,
of the meeting and the intention to make, amend or repeal the by-law. (3) Members may consent to a shorter notice period for the purpose of subsection (2).
(4)
The board shall have its by-laws available for inspection by the public on reasonable notice and at reasonable hours. PART II Register
13.
(1)
The registrar shall maintain a register containing
(a)
the name and address of each person who is licensed under this Act;
(b) the type of licence held by the persons referred to in paragraph (a); and (c) other information required by the by-laws.
(2)
The registrar shall make the register available for inspection by the public on reasonable notice and at reasonable hours.
(3) The production in a court or proceeding of the register or a copy of or an extract from the register, certified by the registrar, is evidence of the statements on the register without proof of the fact that the signature is that of the registrar. (4) The absence of the name of a person from the register shall be, in the absence of evidence to the contrary, evidence that the person is not licensed . Licences 14. (1) The college may issue the following licences: (a) licensed practical nurse licence; (b) registered nurse licence; (c) registered psychiatric nurse licence; and (d) nurse practitioner licence. (2) A person is entitled to a licence referred to in subsection (1) where the person (a) applies in a form and manner approved by the college; (b) provides proof, satisfactory to the college, that the person has successfully completed the educational requirements and examinations approved by the board for that type of licence; (c) provides proof, satisfactory to the college, that the person has the practice experience for that type of licence as prescribed in the regulations; (d) provides proof, satisfactory to the college, that the person has obtained professional liability insurance coverage for that type of licence in a form and amount satisfactory to the college;
(e)
where the person is currently, or was previously, licensed or registered in another jurisdiction, provides proof, satisfactory to the college, that the person's licence
or registration has not been revoked, suspended or restricted or has conditions attached by reasons of disciplinary measures in another jurisdiction;
(f) pays the required fees; and
(g)
satisfies any other requirements prescribed in the regulations.
(3)
Notwithstanding paragraph (2)(e), the college may issue a licence
to a person whose licence
or registration has been revoked, suspended or restricted or has conditions attached by reasons of disciplinary measures in another jurisdiction where
(a)
the person provides details of any revocation or suspension of or restriction or conditions on the person’s licence
or registration in another jurisdiction;
(b) the college is satisfied, after consideration of the details provided under paragraph (a), that the person is entitled to be licensed; and
(c)
the person satisfies the other requirements in subsection (2).
(4)
The college may impose terms, conditions
or restrictions on a licence
.
(5) A licence shall be valid for the period of time prescribed in the regulations. (6) The college shall renew a licence where a person applies and satisfies the renewal requirements prescribed in the regulations. (7) The board may establish, by regulation, (a) different classes of the licences referred to in subsection (1); and (b) the requirements, terms, conditions and restrictions on which the different classes of licences may be issued and renewed. Appeal of licence decision
15.
(1)
A person whose application for a licence
or renewal of a licence
was refused may appeal the refusal to the
board
which may confirm, vary
or reverse the decision.
(2)
The board may appoint a person or a committee to hear an appeal in place of the board.
(3)
A decision of a person or a committee appointed under subsection (2) is considered to be
a decision of the board.
(4)
A person affected by a decision of the
board
under this section may, within 30 days of receipt of the decision, appeal it to the Supreme Court by filing a notice of appeal with the court. Prohibition
16.
Except as provided in this Act and the regulations, a person shall not practise
as a (a) licensed practical nurse or represent to be a licensed practical nurse unless the person holds a licensed practical nurse licence ; (b) registered nurse or represent to be a registered nurse unless the person holds a registered nurse licence ; (c) registered psychiatric nurse or represent to be a registered psychiatric nurse unless the person holds a registered psychiatric nurse licence ; and
(d)
nurse practitioner or represent to be a nurse practitioner unless the person holds a nurse practitioner licence
. Licensing exemption 17. A person or category of persons prescribed in the regulations may, in accordance with the regulations, be exempted from the requirement to be licensed under this Act to engage in the practice of nursing or the practice of psychiatric nursing. Continuing professional development
18.
Every registrant shall participate in continuing professional development as approved by the
board
. Scope of practice
19.
The board may, with the approval of the minister, make regulations respecting the scope of practice of registrants. Definitions
20.
In this Part
(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 22
;
(c) "conduct deserving of sanction" includes (i ) professional misconduct, (ii) professional incompetence,
(iii)
conduct unbecoming a registrant, (iv) incapacity or unfitness to engage in the practice of nursing or the practice of psychiatric nursing, and
(v)
acting in breach of this Act, the regulations, or the code of ethics made under section 12;
(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 college to adjudication tribunal members 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 21 from which the members of an adjudication tribunal are chosen; and
(f)
"respondent" means
a registrant or a former registrant against whom an allegation is made. Committees 21. (1) The board shall appoint at least 3 persons in accordance with subsection (2) to constitute a complaints authorization committee.
(2)
The complaints authorization committee shall consist of
(a)
at least 2 persons who are (i ) registrants, or (ii) registered as a licensed practical nurse, registered nurse, registered psychiatric nurse or nurse practitioner in another province or territory of Canada; and (b) at least one person who is a member of the board appointed to represent the public interest. (3) The board shall appoint the chairperson and vice-chairperson of the complaints authorization committee from the persons appointed under subsection (1).
(4)
The registrar is not eligible to be a member of the complaints authorization committee.
(5)
A disciplinary panel shall consist of not less than
(a)
15 registered nurses appointed by the
board
who are not members of the
board
;
(b)
10 licensed practical nurses appointed by the
board
who are not members of the
board
;
(c)
5 nurse practitioners, where practicable, appointed by the
board
who are not members of the
board
;
(d) one registered psychiatric nurse, where practicable, appointed by the board who is not a member of the board ; and
(e)
10 persons appointed by the minister to represent the public interest who are not (i ) registrants , or (ii) members of the board . (6) The board shall appoint one of the members appointed under paragraph (5)(a), (b), (c) or (d) as the chairperson of the disciplinary panel.
(7)
A member appointed to the disciplinary panel holds office for a term of 3 years and is eligible to be reappointed.
(8)
Where the term of office of a member of the disciplinary panel expires, the member continues to be a member of the disciplinary panel until reappointed or replaced.
(9)
Members of the disciplinary panel shall serve as members of 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
board
, in accordance with and at the rates set by the by-laws.
(10)
The complaints authorization committee, an adjudication tribunal 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
. Duty to report
22.
(1)
A registrant who has knowledge, from direct observation or objective evidence, of conduct deserving of sanction of another registrant shall report the known facts to the registrar. (2) A person or a corporation, partnership or association that terminates or imposes restrictions on the employment of a registrant based on direct knowledge of the registrant's conduct deserving of sanction shall report the known facts to the registrar.
(3)
An action shall not be brought against a registrant, person, corporation, partnership or association or its directors or officers for the sole reason that the registrant, person, corporation, partnership
or association complied with this section. Allegation
23.
(1)
An allegation shall be in writing and signed by the complainant or the complainant's solicitor and filed with the registrar.
(2)
The registrar may on the registrar's 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 registrant has been convicted of an offence under the provisions of
the Controlled Drugs and Substances Act
(Canada),
the Criminal Code or a similar penal statute of another country or has been suspended by a governing body of registrants in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming a registrant 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
24.
(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),
(a)
the registrar shall refer the allegation and all other allegations to the complaints authorization committee; and (b) where the registrar considers that it is in the public interest, the registrar may suspend or restrict the respondent's licence until the complaints authorization committee makes a decision under subsection 25(2), (3) or (6).
(3)
The registrar shall inform the complainant and the respondent of the referral of the allegation to the complaints authorization committee.
(4)
Where the registrar suspends or restricts the respondent's licence
under paragraph (2)(b), the registrar shall
(a)
within 14 days of the suspension or restriction having been made, (i ) publish a notice of the suspension or restriction on the college's website, or
(ii)
where the college does not have a website, provide the notice to the department for publication on its website; and
(b)
advise at least 2 media outlets in or nearest to the community in which the respondent practises
that the notice referred to in paragraph (a) has been published. Complaints authorization committee
25.
(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; (c) conduct a practice review into the respondent's practice or appoint a person to conduct a review on its behalf; (d) require the respondent to appear before it; and
(e)
refer the allegation to the quality assurance committee.
(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.
(3)
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 may, in dismissing the allegation, direct the respondent with respect to the respondent's practice, including direction that the respondent (a) comply with a specified provision of this Act, the regulations, a standard of practice or a by-law, policy or guideline of the college; (b) successfully complete continuing professional development or remedial education; (c) complete an assessment of the respondent's clinical skills and successfully complete a course of studies or clinical experience recommended by the assessment; and
(d)
provide documentation, information
or an explanation in relation to the care of the complainant or of another person represented by the complainant where the person is deceased or incompetent, and the respondent shall comply with the direction of the committee.
(4)
The committee may give a person or body it considers appropriate notice of a direction, caution or counsel given under this section, and may specify the time within which the direction, caution or counsel is to be complied with and that the costs of compliance with the direction, caution or counsel shall be borne by the respondent. (5) Where a respondent fails to comply with a direction, caution or counsel of the committee under subsection (3) or (6), the registrar may deal with the failure as an allegation.
(6)
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
complaints authorization
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.
(7)
Where the complaints authorization committee instructs the registrar to file a complaint in accordance with paragraph (6)(b), the complaints authorization committee may restrict or suspend the respondent's licence.
(8)
Where the
complaints authorization
committee suspends or restricts the respondent's licence
under subsection (7), the committee shall notify the registrar of the restriction or suspension and the registrar shall
(a)
within 14 days of the restriction or suspension having been made,
(i
)
publish a notice of the restriction or suspension on the college's website, or (ii) where the college does not have a website, provide the notice to the department for publication on its website; and
(b)
advise at least 2 media outlets in or nearest to the community in which the respondent practises
that the notice referred to in paragraph (a) has been published. (9) A person conducting an investigation under paragraph (1)(a) or (b) or a practice review under paragraph (1)(c) may require
(a)
the respondent to (i ) undergo practical and other examinations that the person considers necessary and as arranged by the registrar or the college, and
(ii)
permit the registrar or a member of the complaints authorization committee or another 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)
a person other than the respondent to permit the registrar or a member of the complaints authorization committee or another 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. (10) Where the registrar, a member of the complaints authorization committee or another person appointed by the complaints authorization committee requires that a respondent or other person provide information under subsection (9), that information shall be provided within 7 days of receipt of the request or a different period as specified in the request. (11) An action for damages does not lie against a registrant or another person to whom a request is made solely because the registrant or other person provides information requested under subsection (9). (12) 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 Supreme Court by filing a notice of appeal with the court.
(13)
Subsections (9), (10) and (11) apply to the Crown. Adjudication tribunal
26.
(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 (a) 2 shall be registrants; and (b) one shall be a member of the panel appointed to represent the public interest.
(2)
For the purposes of subsection (1), where the respondent is a (a) licensed practical nurse, at least one of the members appointed under paragraph (1)(a) shall be a licensed practical nurse, where practicable;
(b)
registered nurse, at least one of the members appointed under paragraph (1)(a) shall be a registered nurse, where practicable;
(c) registered psychiatric nurse, at least one of the members appointed under paragraph (1)(a) shall be a registered psychiatric nurse, where practicable; and (d) nurse practitioner, at least one of the members appointed under paragraph (1)(a) shall be a nurse practitioner, where practicable.
(3)
The chairperson of the disciplinary panel shall appoint one of the registrants on an adjudication tribunal to be the chairperson.
(4)
Where the term of office of a member of the adjudication tribunal expires and the member has commenced a hearing, the member continues to be a member until the hearing is concluded and a decision rendered. Hearing
27.
(1) Where a complaint has been referred under paragraph 25(6)(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 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. Copies of books, etc. as evidence
28.
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 25(9) to conduct an inspection, who made the copy or extract under subsection 25(9) 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
29.
(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 board 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 the respondent's licence to the board upon those conditions that may be considered appropriate and strike the respondent's name from the register; (d) impose a fine not to exceed $25,000 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 31(7) 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 rehabilitated such that the respondent can safely return to practice , (v) engage in continuing professional development programs, (vi) complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the board or another body or person designated by the adjudication tribunal, (vii) report on the respondent's compliance with an order made under this section and authorize others involved with the respondent's treatment or supervision to report on it, (viii) restrict the respondent's professional practice or continue the respondent's practice under specified conditions, (ix) permit periodic inspection of the respondent's practice, (x) permit periodic inspection of records relating to the respondent's practice, or
(xi)
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
30.
(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 the respondent can demonstrate to the board 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 the respondent's licence to the board upon those conditions that may be considered appropriate and strike the respondent’s name from the register; (d) impose a fine not to exceed $25,000 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 31(7) 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 board 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 h as been rehabilitated such that the respondent can safely return to practice , (v) engage in continuing professional development programs, (vi) complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the board or other body or person designated by the adjudication tribunal, (vii) report on the respondent's compliance with an order made under this section and authorize others involved with the respondent's treatment or supervision to report on it, (viii) restrict the respondent's professional practice or continue the respondent's practice under specified conditions, (ix) permit periodic inspection of the respondent's practice, (x) permit periodic inspection of records relating to the respondent's practice, or
(xi)
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
31.
(1)
An adjudication tribunal shall file a decision or order made under subsection 29(2) or 30(3) with the registrar and provide a copy to the complainant, 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 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7).
(3)
The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period provided in section 37, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's 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)
Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the college's website; or (b) where the college does not have a website, provide the summary or order to the department for publication on its website.
(5)
Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and
(b)
arrange that a summary of the decision or order be kept on the website (i ) for a period of not less than 3 months, or
(ii)
where one or more of the following apply, for a period not less than the period referred to in clause (A), (B) or (C), as applicable: (A) where the respondent is suspended for a period greater than 3 months, the period of suspension, (B) where the respondent’s practice is restricted for a period greater than 3 months, the period of restriction, or (C) where conditions are imposed for the continuing practice of the respondent for a period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the college’s annual report or another publication approved by the board .
(7)
Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent 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, where requested by the complainant; (d) the contents of the decision or 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. (8) Where a decision or order, the summary of which is 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) to (7) apply with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the board may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent.
(10)
Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. De-registration and suspension
32.
(1)
Where a respondent
is allowed or directed to surrender the respondent's licence
, the respondent's rights
and privileges as a registrant
cease. (2) Where a respondent requests that the respondent's name be removed from, or where the respondent's name is struck off, the register, the respondent's rights and privileges as a registrant cease. (3) Where a respondent is suspended, the respondent's rights and privileges as a registrant cease for the period of the suspension.
(4)
Where conditions or restrictions have been imposed upon a respondent’s ability to carry on the respondent's practice, the respondent's rights and privileges as a registrant shall be limited to the extent specified by the conditions or restrictions. Failure to comply
33.
(1)
On application by the college 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 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 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
34.
(1)
Where a decision or order of an adjudication tribunal (a) suspends the respondent; (b) allows or directs the respondent to surrender the respondent's licence or to be removed from the register; (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 25(6)(b) and sections 27 to 32 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 30, an adjudication tribunal may (a) vary the original decision or order made under section 30; or
(b)
discharge the original decision or order, with or without conditions. Costs of the college 35. (1) Where a person who was ordered to pay the costs of the college under paragraph 29(2)(e) or 30(3)(e) fails to pay in the time required, the college may suspend the licence of that person until the costs are paid.
(2)
Costs ordered to be paid under paragraph 29(2)(e) or 30(3)(e) are a debt due to the college and may be recovered by the college by a civil action. Collection of fine
36.
(1)
Where an order is made under section 29 or 30 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 Supreme Court. (2) Where a certificate is filed with 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 Supreme Court 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 Supreme Court 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 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 Supreme Court 37. (1) The college 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 Supreme Court by filing a notice of appeal with the court.
(2)
An appeal under this section does not stay the decision or order being appealed unless the Supreme Court orders otherwise. Quality assurance committee
38.
(1)
The
board
shall establish a quality assurance committee that shall have responsibility for, and shall establish and operate, a program of quality assurance for registrants.
(2)
The quality assurance committee may appoint registrants or persons registered as licensed practical nurses, registered nurses, registered psychiatric nurses or nurse practitioners in another province or territory of Canada, to act as assessors or to assist the quality assurance committee to perform its duties and exercise its powers under this Act.
(3)
The quality assurance committee and a person appointed under subsection (2) shall have the powers, privileges and immunities that are conferred on a commissioner under the Public Inquiries Act, 2006
.
(4)
A person appointed under subsection (2) has the powers of the quality assurance committee under paragraphs 40(3)(a), (b) and (c). Registrants shall comply
39.
A registrant shall comply with a request or a directive of the quality assurance committee, or a person appointed to act on behalf of the quality assurance committee, in connection with the conduct of a quality assurance review with respect to the registrant or the registrant's practice by the quality assurance committee. Conduct of review
40.
(1)
The quality assurance committee may itself initiate a quality assurance review of a registrant or the registrant's practice or at the request of the registrar or the complaints authorization committee.
(2)
Before initiating a quality assurance review under subsection (1), the registrar may attempt to resolve the matter.
(3)
In connection with a quality assurance review, the quality assurance committee may (a) require a registrant, or another person who has information pertaining to or possession of records that relate to the registrant's practice, to provide information, including patient records, for inspection or review and to permit them to be copied by the quality assurance committee or a person appointed by the quality assurance committee for the purpose; (b) order a registrant to undergo an examination, evaluation, assessment or review of the registrant's professional practices or capacity or fitness to practise , to the extent and under the circumstances required by the quality assurance committee; (c) engage in periodic or random reviews or audits of a registrant's performance including the consequential review of patient records; and
(d)
order a registrant to (i ) obtain counselling, including substance abuse counselling, until the registrant can demonstrate to the quality assurance committee, or another body or a person designated by the quality assurance committee, that a condition related to the counselling has been overcome, (ii) obtain medical treatment and authorize a person participating in the provision of that treatment to report on it to the quality assurance committee, (iii) complete a course of studies or an educational or training program, (iv) restrict the registrant's practice, (v) obtain supervised clinical experience as directed by the quality assurance committee and to the satisfaction of the quality assurance committee, (vi) continue the registrant's practice under conditions the quality assurance committee may specify, or
(vii)
report on the registrant's compliance with an order of the quality assurance committee and authorize a person to report to the quality assurance committee on whether the registrant is complying with an order.
(4)
The quality assurance committee may accept the terms of an agreement entered into
by the registrar and a registrant as constituting compliance by the registrant with a requirement or order imposed by the quality assurance committee on the registrant under subsection (3).
(5)
Where a registrant fails to comply (a) with a requirement or an order under subsection (3); or
(b)
with an agreement referred to in subsection (4) within the time required by the quality assurance committee for compliance, the quality assurance committee shall refer the failure to comply to the registrar who shall refer it to the complaints authorization committee as an allegation within the meaning of paragraph 20(a).
(6)
An action for damages does not lie against a registrant, or another person to whom a request is made, solely because
the registrant or other person
provides information requested under paragraph (3)(a). (7) Where the quality assurance committee or a person appointed by the quality assurance committee requires that a registrant or another person provide information under paragraph (3)(a), that information shall be provided within 7 days of receipt of the request or a different period as specified in the request. (8) All records and specific information relating to the quality assurance program or a review or order under it are confidential.
(9)
Paragraph (3)(a) and subsections (6) to (8) apply to the Crown. Costs
41.
The costs incurred by a registrant in implementing an order under subsection 40(3) shall be paid by the registrant and shall not be a cost of the quality assurance committee, the board
or the college. Termination of review
42.
(1)
Where the quality assurance committee believes, in the course of or as a result of a review, that a registrant may be guilty of conduct deserving of sanction within the meaning of paragraph 20(c), the review, if still in progress, shall be terminated, the registrant shall be advised, and the matter shall be referred to the registrar who shall refer it to the complaints authorization committee to be dealt with as an allegation. (2) The quality assurance committee shall provide all information and documents in its possession relating to the review to the complaints authorization committee.
(3)
An order of the quality assurance committee issued before it refers a matter to the complaints authorization committee under subsection (1) remains in effect notwithstanding the referral of the matter to the complaints
authorization committee. Protection from liability
43.
(1)
An action for damages for an act, purported 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 under this Act or the regulations or by-laws made under it, does not lie against
(a)
the minister;
(b) the registrar; (c) a member of the board ; (d) an officer, employee or agent of the college or the board ; (e) a person or committee designated by the college or the board ; (f) the college as a corporation; (g) the board as a governing body of the college; (h) the complaints authorization committee or a person appointed by the complaints authorization committee; (i ) the disciplinary panel or an adjudication tribunal;
(j)
the quality assurance committee or a person appointed under subsection 38(2); or
(k)
the individual members of a body listed in this subsection.
(2)
An action for defamation shall not be founded on the publication of a communication that consists of or pertains to an allegation or complaint where the communication is published in the course of
investigating the allegation or complaint or in the course of a proceeding under Part III. Conflicting legislation
44.
Nothing in this Act affects or applies to the practice of nursing or the practice of psychiatric nursing permitted to be carried out by a person under another statute of the province. Offence
45.
A person who contravenes this Act is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000 and to imprisonment for a term not exceeding one month in default of payment or to both a fine and imprisonment. Regulations
46.
The
board
may, with the approval of the minister, make regulations (a) respecting the approval of education programs for licensed practical nurses, registered nurses, registered psychiatric nurses and nurse practitioners; (b) respecting practice experience requirements for licensing of registrants;
(c)
prescribing other licensing requirements for registrants;
(d)
prescribing the period of time that a licence
is valid;
(e) prescribing requirements for renewal of a licence ;
(f)
establishing different classes of licences
and the requirements, terms, conditions and restrictions on which the different classes of licences
may be issued and renewed;
(g) respecting the exemption of persons or categories of persons for the purposes of section 17; (h) respecting the scope of practice of registrants; (i ) respecting alternative dispute resolution for the purposes of section 25 and the procedure for that resolution; (j) defining a word or phrase used but not defined in this Act; and
(k)
generally
to give effect to the purpose of this Act. PART VI Transitional – assets and liabilities
47.
(1) The
College of Registered Nurses of Newfoundland and Labrador
and the
College of Licensed Practical Nurses of Newfoundland and Labrador are dissolved.
(2)
On the date this Act comes into force
(a) title to all property and assets of the College of Registered Nurses of Newfoundland and Labrador and the College of Licensed Practical Nurses of Newfoundland and Labrador is vested in the college; (b) all title and interests to real property held in the name of the College of Registered Nurses of Newfoundland and Labrador or the College of Licensed Practical Nurses of Newfoundland and Labrador immediately before this Act comes into force is held in the name of the college; (c) the college is charged with and assumes all of the obligations and liabilities of the College of Registered Nurses of Newfoundland and Labrador and the College of Licensed Practical Nurses of Newfoundland and Labrador; (d) agreements or contracts made between the College of Registered Nurses of Newfoundland and Labrador or the College of Licensed Practical Nurses of Newfoundland and Labrador and another party before the coming into force of this Act continue in force and are binding on the college and the other party to the agreements or contracts; (e) existing causes of action, claims and liabilities by or against the College of Registered Nurses of Newfoundland and Labrador or the College of Licensed Practical Nurses of Newfoundland and Labrador are unaffected; (f) civil, criminal or administrative actions or proceedings pending by or against the College of Registered Nurses of Newfoundland and Labrador or the College of Licensed Practical Nurses of Newfoundland and Labrador may continue to be prosecuted by or against the college; and
(g)
a conviction against, or ruling, order or judgment in favour
of or against
the
College of Registered Nurses of Newfoundland and Labrador
or the
College of Licensed Practical Nurses of Newfoundland and Labrador may be enforced by or against the college. Transitional - employees
48.
(1)
The employment of employees of
the
College of Registered Nurses of Newfoundland and Labrador
and the
College of Licensed Practical Nurses of Newfoundland and Labrador continues with the college.
(2)
The employment of employees referred to in subsection (1) shall be deemed to have continued with the college without interruption in service, and the rights, duties and obligations of the employer and employees continue accordingly, until changed by contract of employment.
(3)
Where the employment of an employee is continued under subsection (1), nothing in this Act prevents
(a)
the employment from being lawfully terminated after the continuation; or
(b)
any term or condition of the employment from being lawfully changed after the continuation.
(4)
Service of an employee referred to in subsection (1) with
the
College of Registered Nurses of Newfoundland and Labrador
or the
College of Licensed Practical Nurses of Newfoundland and Labrador is deemed to be service with the college for the purpose of determining probationary periods, benefits
or any other employment-related entitlements under any Act, at common law or under any applicable contract of employment. Transitional - certain rights not affected
49.
The establishment of the college under section 3 or the continuation of the employment of employees under subsection 48(1) shall
(a)
not constitute
(i
)
a breach, termination, repudiation
or frustration of any contract, including a contract of employment or insurance,
(ii)
a breach of any Act or regulation, or
(iii)
an event of default or force majeure under any contract; and
(b)
not give rise to
(i
)
a breach, termination, repudiation
or frustration of any licence
, permit or other right,
(ii)
any right to terminate or repudiate a contract, licence
or other right, or
(iii)
any estoppel. Transitional – protection from liability 50. (1) An action or other proceeding does not lie or cannot be instituted against the minister, the Crown or the college or any employees or agents of the minister, the Crown or the college, as a direct or indirect result of the dissolution of the College of Registered Nurses of Newfoundland and Labrador and the College of Licensed Practical Nurses of Newfoundland and Labrador under this Act.
(2)
Nothing in this Act creates a cause of action in favour
of a party to a contract with
the
College of Registered Nurses of Newfoundland and Labrador
or the
College of Licensed Practical Nurses of Newfoundland and Labrador or any of their predecessors that was entered into before the coming into force of this Act. Transitional – temporary board
51.
(1)
On the coming into force of this Act, the
board
shall consist of (a) 4 members selected by the council of the College of Registered Nurses of Newfoundland and Labrador from the elected members on the council of the College of Registered Nurses of Newfoundland and Labrador; (b) 4 members selected by the board of the College of Licensed Practical Nurses of Newfoundland and Labrador from the elected members on the board of the College of Licensed Practical Nurses of Newfoundland and Labrador; (c) 2 members to represent the public interest selected by the council of the College of Registered Nurses of Newfoundland and Labrador from the members appointed to represent the public interest on the council of the College of Registered Nurses of Newfoundland and Labrador; (d) 2 members to represent the public interest selected by the board of the College of Licensed Practical Nurses of Newfoundland and Labrador from the members appointed to represent the public interest on the board of the College of Licensed Practical Nurses of Newfoundland and Labrador; and (e) the member of the board of the College of Licensed Practical Nurses of Newfoundland and Labrador who was appointed under paragraph 3(3)(c) of the Licensed Practical Nurses Act, 2005 . (2) In subsection (1), the references to the council of the College of Registered Nurses of Newfoundland and Labrador and the board of the College of Licensed Practical Nurses of Newfoundland and Labrador are references to the council and board of those colleges as they existed immediately before the coming into force of this Act. (3) The members of the board referred to in subsection (1) shall serve on the board for the following terms: (b) 2 of the members referred to in paragraph (1)(b) shall serve for a one-year term and 2 shall serve for a 2-year term; (c) one of the members referred to in paragraph (1)(c) and one of the members referred to in paragraph (1)(d) shall serve as members until the minister appoints members to represent the public interest under paragraph 6(1)(a) of this Act; (d) one of the members referred to in paragraph (1)(c) and one of the members referred to in paragraph (1)(d) shall serve as members until the board appoints members to represent the public interest under subsection 6(2) of this Act; and (e) the member referred to in paragraph (1)(e) shall serve as a member until the minister appoints a member under paragraph 6(1)(b) of this Act. Transitional - licences 52. (1) On the coming into force of this Act, a person who was (a) registered and licensed under the Registered Nurses Act, 2008 immediately before the coming into force of this Act shall be considered to be licensed under this Act and the licence shall be valid, and subject to any terms, conditions or restrictions imposed under the Registered Nurses Act, 2008 , until it expires in accordance with the terms under which the licence was issued under the Registered Nurses Act, 2008 ; and
(b)
licensed under the Licensed Practical Nurses Act, 2005
immediately before the coming into force of this Act shall be considered to be licensed under this Act and the licence shall be valid, and subject to any terms, conditions or restrictions imposed under the Licensed Practical Nurses Act, 2005
, until it expires in accordance with the terms under which the licence was issued under the Licensed Practical Nurses Act, 2005.
(2)
Where a person submitted an application
to be registered or licensed under the
Registered Nurses Act, 2008
or to be licensed under the Licensed Practical Nurses Act, 2005
before the coming into force of this Act and the application has not been decided on the coming into force of this Act, the application shall be considered to be an application for a licence
under this Act.
Transitional – complaints, discipline, quality assurance, decisions and orders
(2)
An entity
constituted or a person appointed under the Registered Nurses Act, 2008
or the Licensed Practical Nurses Act, 2005
that was involved in a proceeding referred to in subsection (1) immediately before the coming into force of this Act shall continue to have the rights, powers, privileges, duties and obligations granted under the Act under which the entity was constituted or person was appointed as if that Act were still in force for the purpose of concluding a proceeding referred to in subsection (1).
(3) An order or decision of an entity or person referred to in subsection (2) in respect of a proceeding referred to in subsection (1) shall be considered to be an order or decision under this Act. (4) An order or decision made under the Registered Nurses Act, 2008 or the Licensed Practical Nurses Act, 2005 that is in force on the coming into force of this Act shall continue to be in force and shall be considered to be an order or decision under this Act until the order or decision expires or the requirements of the order or decision are met. (5) For the purposes of this section, (a) "entity" means
(i
)
a complaints authorization committee,
(ii)
a disciplinary panel,
(iii)
an adjudication tribunal,
(iv)
a quality assurance committee,
(v)
the council of the College of Registered Nurses of Newfoundland and Labrador, and
(vi)
the board of the College of Licensed Practical Nurses of Newfoundland and Labrador;
(b) "person" means
(i
)
the Director of Professional Conduct Review appointed under the Registered Nurses Act, 2008
,
(ii)
the registrar appointed under the Licensed Practical Nurses Act, 2005
, and
(iii)
a person appointed by a quality assurance committee or a complaints authorization committee; and (c) "order or decision" means
(i
)
an order or decision made under the Registered Nurses Act, 2008
or the Licensed Practical Nurses Act, 2005
by (A) a complaints authorization committee,
(B)
a disciplinary panel,
(C)
an adjudication tribunal, or
(D)
a quality assurance committee,
(ii)
terms of a resolution concluded under subsection 22(1) or paragraph 23(1)(a) of the Registered Nurses Act, 2008
or subsection 16(1) or paragraph 17(1)(a) of the Licensed Practical Nurses Act, 2005
,
(iii)
a caution or counsel given to a respondent by a complaints authorization committee,
(iv)
a suspension or restriction on a respondent's practice imposed under subsection 23(7) of the Registered Nurses Act, 2008
or subsection 17(7) of the Licensed Practical Nurses Act, 2005
, and
(v)
an agreement entered into
under subsection 35.3(3) of the Registered Nurses Act, 2008
or subsection 29.3(4) of the Licensed Practical Nurses Act, 2005
. RSNL1990 cE-9 Amdt. 54. (1) Section 2 of the Emergency Medical Aid Act is amended by adding immediately before paragraph (a) the following: (a.01) "nurse" means a licensed practical nurse, registered nurse, registered psychiatric nurse or nurse practitioner as defined in the Nurses Act ; and
(2)
Paragraph 2(b) of the Act is repealed. (3) Section 3 of the Act is amended by deleting the word "registered" wherever it appears. SNL2022 cF-01 Amdt.
55.
Schedule A of the
Fair Registration Practices Act
is amended by
(a)
deleting the regulatory body reference "College of Licensed Practical Nurses of Newfoundland and Labrador"; and
(b)
deleting the regulatory body reference "College of Registered Nurses of Newfoundland and Labrador" and substituting the regulatory body reference "Newfoundland and Labrador College of Nurses". RSNL1990 cG-6 Amdt.
56.
Schedule B of the
Government Money Purchase Pension Plan Act
is amended by deleting the reference "College of Registered Nurses of Newfoundland and Labrador" and substituting the reference "Newfoundland and Labrador College of Nurses". SNL2011 cG-7.1 Amdt. 57. Subparagraph 2(b)(ii) of the Gunshot and Stab Wound Reporting Act is amended by deleting the reference "Registered Nurses Act, 2008 " and substituting the reference "Nurses Act ". SNL1995 cP-37.1 Amdt.
58.
Paragraph 2(g) of the Health and Community Services Act
is repealed and the following substituted: (g) "nurse" means a licensed practical nurse, registered nurse, registered psychiatric nurse or a nurse practitioner as defined in the Nurses Act . RSNL1990 cH-3 Amdt. 59. The Highway Traffic Act is amended by deleting the reference "Registered Nurses Act, 2008 " wherever it appears and substituting the reference "Nurses Act ". SNL2011 cM-4.02 Amdt.
60.
Paragraph 78(2)(e) of the
Medical Act, 2011
is amended by deleting the reference "Registered Nurses Act, 2008
" and substituting the reference "Nurses Act
". RSNL1990 cM-8 Amdt.
61.
Paragraph 19(2)(h) of the
Memorial University Pensions Act
is repealed and the following substituted:
(h)
with the Newfoundland and Labrador College of Nurses;
SNL2006 cM-9.1 Amdt.
62.
Paragraph 2(1)(n) of the
Mental Health Care and Treatment Act
is amended by deleting the reference "Registered Nurses Act
" and substituting the reference "Nurses Act
". SNL2019 cO-6.2 Amdt.
63.
Subparagraph 2(l)(i
) of the
Opioid Damages and Health Care Costs Recovery Act
is amended by deleting the reference "Registered Nurses Act, 2008
" and substituting the reference "Nurses Act
". SNL2014 cO-9 Amdt.
64.
The Schedule to the
Other
Post-Employment Benefits Eligibility Modification Act
is amended by (a) deleting the reference "College for Licensed Practical Nurses of Newfoundland and Labrador";
(b)
deleting the reference "College of Registered Nurses of Newfoundland and Labrador"; and
(c)
adding immediately after the reference "
Newfoundland and Labrador Arts Council" the reference "Newfoundland and Labrador College of Nurses". SNL2008 cP-7.01 Amdt.
65.
Paragraph 2(1)(j) of the
Personal Health Information Act
is amended by (a) repealing subparagraph (vii); (b) adding immediately after subparagraph (ix) the following: (ix.1) Nurses Act , (c) adding the word "and" at the end of subparagraph (xiv); and (d) repealing subparagraph (xv). SNL2006 cP-12.01 Amdt.
66.
Paragraph 2(p) of the
Pharmaceutical Services Act
is amended by deleting the reference "Registered Nurses Act, 2008
" wherever it appears and substituting the reference "Nurses Act".
SNL2024 cP-12.3 Amdt.
67.
Subsection 3(1) of the Pharmacy Act, 2024
is amended by
deleting the reference "Registered Nurses Act, 2008
" wherever it appears and substituting the reference "Nurses Act."
SNL2017 cP-18.2 Amdt.
68.
Subparagraph 2(1)(k)(i
) of the
Prescription Monitoring Act
is repealed and the following substituted:
(i
)
the
Newfoundland and Labrador College of Nurses, SNL2018 cP-37.3 Amdt.
69.
Subparagraph 2(j)(iv) of the
Public Health Protection and Promotion Act
is amended by deleting the reference "Registered Nurses Act, 2008
" and substituting the reference "Nurses Act
". RSNL1990 cP-43 Amdt.
70.
Schedule C to the
Public Service Commission Act
is amended by
(a)
deleting the statutory appointment reference "
Licensed Practical Nurses Act, 2005
, subsections 4(1) and 14(4) with respect to ministerial appointments";
(b)
deleting the statutory appointment reference "Registered Nurses Act, 2008
, paragraph 6(1)(b) and subsection 19(5) with respect to ministerial appointments"; and
(c)
adding immediately after the statutory appointment reference "
Natural Products Marketing Act, Newfoundland and Labrador Chicken Marketing Scheme
, subsection 4(1.1)" the statutory appointment reference "Nurses Act
, paragraphs 6(1)(a) and 21(5)(e)". SNL2012 cS-13.02 Amdt.
71.
Subparagraph 2(c)(ii) of the
Service Animal Act
is amended by deleting the word "nurse" and substituting the words "registered nurse, nurse practitioner". SNL2009 cV-6.01 Amdt.
72.
Subsection 2(1) of the
Vital Statistics Act, 2009
is amended by deleting the reference "Registered Nurses Act, 2008
" wherever it appears and substituting the reference "Nurses Act".
NLR 24/29 Amdt. 73. Paragraph 2(h) of the Accessible Parking Regulations under the Highway Traffic Act is amended by deleting the reference "Registered Nurses Act, 2008 " and substituting the reference "Nurses Act ". NLR 56/19 Amdt.
74.
Section 5 of the
Automobile Insurance Regulations, 2019
under the Automobile Insurance Act
is amended by deleting the reference "Registered Nurses Act, 2008
" wherever it appears and substituting the reference "Nurses Act
". NLR 83/23 Amdt. 75. Paragraph 6(e) of the Interpersonal Violence Disclosure Protocol Regulations under the Interpersonal Violence Disclosure Protocol Act is amended by deleting the reference "Registered Nurses Act, 2008 " and substituting the reference "Nurses Act ". NLR 53/18 Amdt.
76.
Section 2 of the Monitored Drugs Regulations
under the Prescription Monitoring Act
is amended by deleting the reference
"Registered Nurses Act, 2008
" wherever it appears and substituting the reference "Nurses Act
". NLR 114/96 Amdt.
77.
Subsection 18.1(6) of the Pension Benefits Act Regulations
under the Pension Benefits Act, 1997
is
amended by deleting the reference "Registered Nurses Act, 2008
" wherever it appears and substituting the reference "Nurses Act
". NLR 104/09 Amdt.
78.
Section 4 of the Pharmacy Network Regulations
under the Personal Health Information Act
is
amended by deleting the reference "College of Registered Nurses of Newfoundland and Labrador" and substituting the reference "Newfoundland and Labrador College of Nurses". NLR 62/24 Amdt.
79.
Paragraph 10(1)(c) of the Pharmacy Regulations, 2024
under the Pharmacy Act, 2024
is
amended by deleting the reference "College of Registered Nurses of Newfoundland and Labrador" and substituting the reference "Newfoundland and Labrador College of Nurses".
NLR 78/19 Amdt.
80.
(1) Paragraph 2(f) of the Prescription Monitoring Regulations
under the Prescription Monitoring Act
is amended by deleting the reference
"Registered Nurses Act, 2008
" and substituting the reference "Nurses Act
".
(2)
Subsection 4(1) of the regulations is amended by
deleting the reference "College of Registered Nurses of Newfoundland and Labrador" wherever it appears and substituting the reference "Newfoundland and Labrador College of Nurses".
(3)
Paragraph 7(1)(f) of the regulations is amended by
deleting the reference "College of Registered Nurses of Newfoundland and Labrador" and substituting the reference "Newfoundland and Labrador College of Nurses". NLR 121/18 Amdt. 81. (1) Paragraph 2(b) of the Residential Tenancies Regulations under the Residential Tenancies Act, 2018 is repealed and the following substituted: (b) a licensed practical nurse, registered nurse, registered psychiatric nurse or nurse practitioner licensed under the Nurses Act; (2) Paragraph 2(c) of the regulations is repealed. CNLR 1156/96 Amdt.
82.
Paragraph 2(i.1) of the Wild Life
Regulations
under the Wild Life Act
is amended by deleting the reference
"Registered Nurses Act, 2008
" and substituting the reference "Nurses Act
". NLR 34/18 Amdt.
83.
Subparagraph 2(k)(ii) of the Workplace Hazardous Materials Information System (WHMIS) Regulations, 2018
under the Occupational Health and Safety Act
is amended by deleting the words "
nurse who is registered or" and substituting the words "person who is". SNL2005 cL-12.1 Rep.
84.
The Licensed Practical Nurses Act, 2005
is repealed. SNL2008 cR-9.1 Rep.
85.
The Registered Nurses Act, 2008
is repealed. Commencement
86.
This Act comes into force on April 15, 2026. ©King's Printer |