First

Session, 46th General Assembly

Elizabeth II, 2008

BILL 3

AN ACT RESPECTING

REGISTERED NURSES

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

ROSS

WISEMAN

Minister of Health and Community Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would revise the law

respecting the regulation of registered nurses.

A BILL

AN ACT RESPECTING REGISTERED NURSES

Analysis

Short title

Definitions

Corporation

Objects

Council

Composition of the council

Annual meeting

Council officers

Quorum

By-laws

Regulations

Fees

Register

Qualification for registration and

licensing

Registers of registered nurses

Requirements to practise

Penalties

Definitions

Committees

Report by registered nurse

Allegation

Effect of filing allegation

Complaints authorization committee

Adjudication tribunal

Hearing

Copies of books, etc. as evidence

Guilty plea by respondent

Powers of adjudication tribunal

Filing and publication of decisions

De-registration and suspension

Failure to comply

Reinstatement and readmission

Costs of the council

Collection of fine

Appeal

Other care givers

Nurse practitioner standards committee

Regulations

Protection from liability

Offence

Penalty

Transition

RSNL1990 cR-9 Rep.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Registered Nurses

Act, 2008.

Definitions

2. In

this Act

(a) "annual licence" means a licence

issued to a member under subsection 14 (2);

(b) "association" means the Association

of Registered Nurses of Newfoundland and Labrador continued by this Act;

(c) "council" means the council of the

association;

(d) "executive director" means an employee

appointed by the council to carry out the duties assigned by this Act and the

by-laws of the association;

(e) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(f) "nurse practitioner" means

(

i) a registered nurse who has successfully

completed a course of study prescribed by the council and is licensed to

practise as a nurse practitioner under this Act, or

(ii) a registered nurse who, in the opinion of the

council, has knowledge and skills sufficient as prescribed by the regulations

to be licensed to practise as a nurse practitioner under this Act;

(g) "practice" means the practice of

nursing;

(h) "register" means the register

referred to in

section 15 ;

(i) "registered nurse" means a person who

is registered as a member of the association; and

(j) "registration" means the entry of a

name in the register.

Corporation

(1) The Association of Registered Nurses of Newfoundland and Labrador is continued as a

corporation without share capital for the purposes of

Part XXI of the Corporations Act .

(2) Notwithstanding its continuation as a

corporation under this Act, the Corporations

Act applies to the association and it shall be governed by that Act for all

purposes, including a change of name of the association.

(3) The following persons shall, notwithstanding

anything contained in the by-laws, be members of the association:

(

a) persons who are holders of a licence and pay

the fee for membership;

(

b) persons whose names appear on the register but

who do not hold a licence; and

(

c) persons who the council may appoint as honorary

members.

Objects

4. The

objects of the association are, in the interest of the public of the province,

(

a) to advance and promote the ethical and

professional standards of the nursing profession;

(

b) to promote proficiency and competency in the

nursing profession; and

(

c) to encourage its members to participate in activities

promoting the health and well-being of the public.

Council

(1) The

council of the association, which shall govern the association, is continued.

(2) The members of the council are the directors

of the association.

Composition of

the council

(1) The

council shall consist of

(

a) a president and a president-elect and 8 other persons

elected from and by registered nurses in accordance with the by-laws; and

(b) 4 persons appointed by the minister to

represent the public interest who are not registered nurses.

(2) Where a vacancy occurs in the membership of

the council as a result of the death, retirement, resignation or incapacity to

act of that member, the vacancy shall be filled

(

a) in the case of an elected member, by an

election in accordance with the by-laws; and

(

b) in the case of another member, by appointment

in the manner provided in paragraph (1)(b).

(3) When a vacancy is filled under subsection (2),

the person filling the vacancy shall serve only for the remainder of the term

of office of the member being replaced, and that person is eligible for re-election

or reappointment.

(4) A member of the council other than a person

elected as the president or the president-elect shall be elected or appointed

for a term of 3 years and is eligible for re-election or re-appointment, but such

a member shall not serve on the council for a continuous period exceeding 9

years.

(5) Where the term of office of a member of the council

expires and a successor has not been elected or appointed, that member may

continue to hold office until a successor is elected or appointed but time

served by that member under this subsection shall not be counted for the purpose

of subsection (4).

Annual meeting

(1) The association shall hold an annual general meeting in accordance with the

by-laws.

(2) At its annual general meeting the association

shall

(

a) appoint an auditor to audit the accounts of

the association and to report on the financial statements of the association; and

(

b) consider and vote on those other matters

required by the by-laws.

(3) The council shall prepare and submit to the

minister before July 1 each year

(

a) a report on the activities of the association;

and

(

b) the association's audited financial

statements.

(4) The minister shall present a copy of the

annual report and the audited financial statement in the House of Assembly

within 15 days of receiving it if the House is sitting and if the House is not

sitting within 15 days after it next begins to sit.

(5) Where the council fails to comply with subsection

(3), it is guilty of an offence and liable upon

summary conviction to a fine of

$1,000.

Council officers

(1) The

president shall preside at meetings of the council and the association.

(2) The president-elect shall become the president

of the council when the then president leaves office.

(3) The president-elect shall, in the absence of

the president, preside at meetings of the council and the association.

(4) The council shall appoint a registered nurse to

be executive director of the association.

(5) The executive director shall carry out the

duties imposed upon the executive director by this Act and the by-laws.

(6) The executive director is, by virtue of the

office, a non-voting member of the council.

(7) At meetings of the council, each member of the

council shall have one vote and in the case of a tie, the chairperson or, in

the absence of the chairperson, the vice-chairperson shall have a second or

casting vote.

(8) Except where prohibited in the by-laws, a

member of the council may, where all the members of the council consent,

participate in a meeting of the council by means of the telephone or other telecommunication

device that permits all persons participating in the meeting to communicate

with each other.

Quorum

9. Seven

members of the council, 2 of whom are members appointed by the minister to

represent the public interest, shall constitute a quorum for a meeting.

By-laws

(1) The

council may make by-laws

(

a) providing for the holding and procedure of its

and the association's meetings;

(

b) providing for the election of members of the

council under paragraph 6 (1)(

a) including the

term of office of the president and president-elect;

(

c) providing who may vote at meetings of the

association;

(

d) respecting the awarding of honorary

memberships in the association;

(

e) respecting the participation of members of the

council in a meeting of the council by telephone or other telecommunications

device under subsection 8 (8);

(

f) respecting the maintenance of the register and

the form and contents of it;

(

g) respecting the remuneration, and allowances

payable to members of the council for attending meetings and for carrying out

the functions of the council under this Act, with power to prescribe different

rates for different members and different functions;

(

h) respecting the appointment, termination and

duties of the executive director and other employees;

(

i) respecting the remuneration and payment of

travel expenses of members of adjudication tribunals;

(

j) establishing a code

of ethics which shall include a definition of "professional

misconduct" and "conduct unbecoming a registered nurse" for the

purposes of sections 18 to 35 ;

(

k) establishing standards

governing the practice of nursing, including standards of professional

competence and of capacity and fitness to practise;

(

l) establishing rules

respecting methods of advertising;

(

m) providing for voting at meetings of the council;

and

(

n) generally, respecting the administration of

this Act and the regulations.

(2) A by-law may be made, amended or repealed at a

meeting of the council if 30 days notice, or the shorter period to which

members of the council may consent, is given of the intention to make, amend or

repeal a by-law, and of the meeting, to the members of the council.

(3) The council shall have the by-laws available

for inspection by the public on reasonable notice and at reasonable hours.

Regulations

(1) The

council may, with the approval of the minister, make regulations respecting

(

a) the registration and licensing of registered

nurses under this Act;

(

b) continuing competency requirements;

(

c) the education and practice experience

requirements for registration and licensing of registered nurses;

(

d) the requirement of registered nurses to carry

professional liability protection;

(

e) the temporary registration and licensing of registered

nurses;

(

f) the licensing of and scope of practice of nurse

practitioners;

(

g) the issuing and renewal of conditional registration

licences may be granted;

(

h) the approval of nursing education programs for

the purposes of registration and licensing;

(

i) alternative dispute resolution for the

purposes of

section 23 and the procedure for

that resolution;

(

j) time limits for events in the disciplinary

process in sections 18 to 35 , including time limits for

(

i) the filing of an allegation,

(ii) the resolution of an allegation by the

Director of Professional Conduct Review,

(iii) the conduct of an investigation under

section 23 ,

(iv) consideration of an allegation by the council following

completion of an investigation,

(

v) responding to a complainant and respondent at

each stage of the process,

(vi) the conduct of a practice investigation under

subparagraph 23 (3)(c)(ii),

(vii) the appointment of an adjudication tribunal

under

section 24 , and

(viii) the conduct of a hearing and the filing of a

decision or order by an adjudication tribunal following completion of the

hearing; and

(

k) the giving effect generally to the purpose of

this Act.

(2) Notwithstanding subsection (1), the minister

may make regulations to prescribe time limits for events in the disciplinary

process under sections 18 to 35 where the council does not do so in a time period

the minister considers reasonable.

Fees

12. The

council may set fees for the purpose of this Act.

Register

13. The

executive director shall maintain a register containing the name, address and

other matters required by the by-laws, of each person having the qualifications

required by this Act for registration and licensure.

Qualification for

registration and licensing

(1) A person who has fulfilled the requirements for registration prescribed by the regulations

is entitled to registration in the register upon payment of the fee for

registration fixed by the council.

(2) A registered nurse who

(

a) has been registered under subsection (1);

(

b) meets all requirements for licensing or

renewal of licensing set out in this Act and the regulations;

(

c) has paid the required fees; and

(

d) whose registration or licence to practice

nursing is not under review, suspended or revoked in another jurisdiction

is entitled to an annual licence to

practice nursing.

(3) An annual licence issued under subsection

(2) may include licensure to practise as a nurse practitioner and may be issued to

a registered nurse who

(

a) has successfully completed a course of study

approved by the council; or

(

b) in the opinion of the council has sufficient

knowledge and skills as prescribed by the regulations to be licensed to practise

as a nurse practitioner.

(4) Notwithstanding subsection (3), only a person

who has successfully completed a course of study prescribed by the council is

eligible to be licensed as a nurse practitioner after June 30, 2009 .

Registers of registered

nurses

(1) The council shall keep

(

a) an historical register in which shall be

entered the names of persons who have been granted registration under

subsection 14 (1) together with other

information that the council may require; and

(

b) an annual register in which shall be entered

the names of the holders of annual licences issued under subsections 14 (2) and (3) and other members of the association.

(2) The registers shall be open to inspection at

the head office of the association during regular business hours free of charge.

(3) The registers, or copies of or extracts from

the registers certified by the executive director, shall be, in the absence of

evidence to the contrary, evidence in the courts in the province and before all

persons of the registration or licensing of a person in the respective register.

(4) The absence of the name of a person from a

register shall be, in the absence of evidence to the contrary, evidence that

the person is not registered or licensed.

Requirements to

practise

16. Except

as provided in this Act, a person shall not practise as a registered nurse or a

nurse practitioner or hold himself or herself out as a registered nurse or a nurse

practitioner unless that person is registered and holds an annual licence.

Penalties

17. A

person not registered under this Act who takes or uses the title

"Registered Nurse" or "Nurse Practitioner" or the initials

"RN" or "NP", either alone or in combination with other

words, letters, or description implying that the person is registered under

this Act, or is entitled to be registered under this Act, or is recognized by

law as a registered nurse or nurse practitioner is guilty of an offence and

liable upon

summary conviction to a fine not exceeding $3,000 for each offence

and in default of payment to imprisonment for a period not exceeding one month.

Definitions

18. In

this

section and sections 19 to 35

(a) "allegation" means a written

document alleging that a person has engaged in conduct deserving of sanction;

(b) " complainant "

means a person making an allegation and includes a person making a report under

section 20 ;

(c) " conduct

deserving of sanction" includes

(

i) professional misconduct,

(ii) professional incompetence,

(iii) conduct unbecoming a registered nurse,

(iv) incapacity or unfitness to engage in the

practice of nursing, and

(

v) acting in breach of this Act, the regulations

or the code of ethics made under

section 10 ;

(d) "costs incurred by the association"

includes

(

i) out of pocket expenses incurred by or on

behalf of the association,

(ii) amounts paid by the association to

adjudication tribunal members as remuneration and for expenses, and

(iii) the actual cost of legal counsel for the association

and the adjudication tribunal;

(e) "Director of Professional Conduct

Review" means the person appointed to the position by the council;

(f) "disciplinary panel" means the panel

of persons appointed under

section 19 from

which the members of an adjudication tribunal are chosen; and

(g) "respondent" means a registered nurse

or a former registered nurse against whom an allegation is made.

Committees

(1) The

council shall appoint at least 5 of its members, at least 2 of whom were

appointed by the minister to represent the public interest, to constitute a

complaints authorization committee.

(2) The council shall appoint the chairperson and

vice-chairperson of the complaints authorization committee from the persons

appointed under subsection (1).

(3) Three members of the complaints authorization

committee, one of whom is a person appointed by the minister to represent the

public interest, constitute a quorum of the committee.

(4) The executive director is not eligible to be a

member of the complaints authorization committee.

(5) The council shall appoint at least 18 registered

nurses who are not members of the council, one of whom shall be appointed to

serve as chairperson, and the minister shall appoint at least 9 persons, who

are not registered nurses or members of the council, to represent the public

interest, who shall together constitute a disciplinary panel.

(6) Of the members first appointed to the

disciplinary panel, one half shall be appointed for a term of 2 years and the

remainder for a term of 3 years and all subsequent appointments of members to

the disciplinary panel shall be for a term of 3 years.

(7) Notwithstanding the expiry of his or her term,

a member of the disciplinary panel continues to be a member until he or she is

re-appointed or his or her replacement is appointed.

(8) Persons appointed to the disciplinary panel

may be reappointed.

(9) Members of the disciplinary panel shall serve

on the panel without payment for their services, but may be remunerated for

service as a member of an adjudication tribunal and paid their travel and other

expenses associated with the work of that tribunal by the council, in accordance

with and at the rates set by the by-laws.

(10) The complaints authorization committee, an

adjudication tribunal appointed under

section 24

and a person appointed by either of them may summon a respondent or other

person and require the respondent or other person to give evidence, orally or

in writing, upon oath or affirmation, and produce the documents and things that

either of them considers necessary to the full investigation and hearing of an

allegation or complaint and shall have the powers, privileges and immunities

that are conferred on a commissioner appointed under the Public Inquiries Act, 2006.

Report by

registered nurse

(1) A

registered nurse who has knowledge, from direct observation or objective

evidence, of conduct deserving of sanction of another registered nurse shall

report the known facts to the Director of Professional Conduct Review.

(2) A person or a corporation, partnership or

association that terminates or imposes restrictions on the employment of a registered

nurse based on direct knowledge of the registered nurse's conduct deserving of

sanction shall report the known facts to the Director of Professional Conduct

Review.

(3) An action shall not be brought against a registered

nurse, person, corporation, partnership or association or its directors or officers

for the sole reason that he or she or the corporation, partnership or association

complied with this section.

Allegation

(1) An

allegation shall be in writing and signed by the complainant or his or her

solicitor, and filed with the Director of Professional Conduct Review.

(2) The Director of Professional Conduct Review may

on his or her own motion make an allegation and file it, and the allegation

shall have the same effect as an allegation referred to in subsection (1).

(3) Where the Director of Professional Conduct

Review has been informed that a respondent has been convicted of an offence

under the provisions of the Criminal Code

or a similar penal statute of another country or has been suspended by a

governing body of registered nurses in another province or territory of Canada

or another territory or country for reason of professional misconduct, conduct

unbecoming a registered nurse or professional incompetence, the information

shall be dealt with by the Director of Professional Conduct Review as an allegation.

(4) For the purpose of subsection (3), a certified

copy of the record of a conviction or findings made or the action taken by an

external regulatory body constitutes proof, in the absence of evidence to the

contrary, of the conviction or findings made or the action taken by that body,

without proof of the signature of the convicting justice or person purporting

to have signed on behalf of that body.

Effect of filing

allegation

(1) Where

it appears to the Director of Professional Conduct Review after notifying the

respondent of the allegation that the allegation may be resolved satisfactorily

and where the complainant and the respondent consent, the Director of

Professional Conduct Review may attempt to resolve the matter.

(2) Where the allegation is not satisfactorily

resolved by the Director of Professional Conduct Review under subsection (1), he

or she shall refer the allegation and all other allegations to the complaints

authorization committee.

(3) The Director of Professional Conduct Review

shall inform a complainant and a respondent of the referral of the allegation

to the complaints authorization committee.

Complaints authorization

committee

(1) After

an allegation has been submitted to the complaints authorization committee, the

committee may exercise one or more of the following powers:

(

a) refer the allegation back to the Director of

Professional Conduct Review for an investigation or alternative dispute resolution,

or both in accordance with the regulations;

(

b) conduct an investigation itself or appoint a

person to conduct an investigation on its behalf; and

(

c) require the respondent to appear before it.

(2) Where the complaints authorization committee

is of the opinion that there are no reasonable grounds to believe the

respondent has engaged in conduct deserving of sanction, the committee shall dismiss

the allegation and give notice in writing of the dismissal to the complainant

and the respondent.

(3) Where the complaints authorization committee

is of the opinion that there are reasonable grounds to believe that a

respondent has engaged in conduct deserving of sanction, the allegation shall

be considered as constituting a complaint, and the committee may

(

a) counsel or caution the respondent; or

(

b) instruct the Director of Professional Conduct

Review to file the complaint against the respondent and refer it to the disciplinary

panel; and

(

c) recommend to the council that

(

i) the respondent's licence be suspended or

restricted, or

(ii) the Director of Professional Conduct Review

conduct an investigation of the respondent's practice, and where the council

approves an investigation the Director of Professional Conduct Review shall conduct

it,

at any time before a final determination by

the adjudication tribunal.

(4) A person conducting an investigation under

paragraph (1 )(

a) or (

b) or subparagraph (3)(c)(ii) may

require

(

a) the respondent to

(

i) undergo an examination or assessment he or she

considers necessary and as arranged by the Director of Professional Conduct

Review, and

(ii) permit the Director of Professional Conduct

Review or a member of the complaints authorization committee or a person

appointed by the complaints authorization committee to inspect and copy the

records of the respondent and other documents relating to the subject matter of

the investigation; and

(

b) another person to permit the Director of

Professional Conduct Review or a member of the complaints authorization

committee or a person appointed by the complaints authorization committee to

inspect and copy records and other documents relating to the subject matter of

the investigation held by that person,

and the respondent or other person shall

comply.

(5) An action for damages does not lie against a registered

nurse or another person to whom a request is made solely because he or she

provides information requested of him or her under subsection (4).

(6) Where the Director of Professional Conduct Review,

a member of the complaints authorization committee or a person appointed by the

complaints authorization committee requires that a respondent or another person

provide information under subsection (4), that information shall be provided

within 7 days of receipt of the request or a different period as specified in

the request.

(7) Where the complaints authorization committee

recommends to the council that a respondent's practice be suspended, restricted

or investigated under paragraph (3)(c), the council may

(

a) decide not to act on the recommendation; or

(

b) suspend, restrict or investigate the

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) Subsections (4), (5) and (6) apply to the

Crown.

Adjudication tribunal

(1) For

the purpose of dealing with complaints referred to the disciplinary panel, the

chairperson of the disciplinary panel shall appoint from it an adjudication

tribunal consisting of 3 persons, of whom 2 shall be registered nurses and one

shall be a member of the panel appointed to represent the public interest.

(2) The chairperson of the disciplinary panel

shall appoint one of the registered nurses on an adjudication tribunal to be

the chairperson.

Hearing

(1) Where

a complaint has been referred under paragraph 23 (3)(b),

an adjudication tribunal shall hear the complaint.

(2) The parties to a hearing are the association

and the respondent and a party may be represented by his or her counsel at a

hearing.

(3) A hearing shall be conducted in public but an

adjudication tribunal may exclude the public from a hearing, or from part of

it, where it considers the desirability of protecting a party to the complaint

or another person against the consequences of possible disclosure of personal

matters outweigh the desirability of holding the hearing in public.

Copies of books,

etc. as evidence

26. A

copy or extract of a book, record, document or thing certified by

(

a) a member of the complaints authorization

committee; or

(

b) a person authorized under subsection 23 (4) to conduct an inspection,

who made the copy or extract under

subsection 23 (4) is admissible in evidence in

an action, proceeding or prosecution, in the absence of evidence to the

contrary, as evidence of the original book, record, document or thing and its

contents.

Guilty plea by

respondent

(1) Where

a respondent pleads guilty to one or more of the charges set out in a

complaint, the adjudication tribunal shall, without calling evidence or hearing

witnesses, unless the tribunal believes it is appropriate to do so, hear

submissions from the parties.

(2) Where a respondent pleads guilty, and

following submissions under subsection (1), the adjudication tribunal may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until the respondent can demonstrate

to the council or other body or person designated by the adjudication tribunal

that conditions which it may impose are fulfilled, or until further order of

the adjudication tribunal;

(

c) allow or direct the respondent to surrender

his or her licence to the council upon those conditions that may be considered

appropriate and strike the respondent's name from the register;

(

d) impose a fine not to exceed $10,000 to be paid

to the association;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the association in the investigation and hearing

of the complaint;

(

f) order that the Director of Professional

Conduct Review publish a

summary of the decision including the information set

out in subsection 29 (4) and other information

that the tribunal may specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the council or other body or

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been rehabilitated such that the respondent can safely return to practice,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

supervised clinical experience, or both, to the satisfaction of the council or

another body or person designated by the adjudication tribunal,

(vii) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions,

(ix) permit periodic inspection of his or her

practice,

(

x) permit periodic inspection of records relating

to his or her practice, or

(xi) impose other requirements that are just and

reasonable in the circumstances.

(3) The costs incurred by the association to

ensure the compliance of a respondent with an order or direction of an

adjudication tribunal under this

section shall be borne by the respondent.

Powers of adjudication

tribunal

(1) Upon

the hearing of a complaint, an adjudication tribunal shall decide whether or

not a respondent is guilty of conduct deserving of sanction.

(2) Where an adjudication tribunal decides that a

respondent is not guilty, it shall dismiss the complaint and may, where it

believes that the submission of the complaint to the tribunal for a hearing was

unreasonable,

(

a) order that those costs that the tribunal

considers appropriate be paid by the association to the respondent; and

(

b) make another order that it considers

appropriate.

(3) Where an adjudication tribunal decides that a

respondent is guilty, it may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until the respondent can demonstrate

to the council or other body or person designated by the adjudication tribunal

that conditions which it may impose are fulfilled, or until further order of

the adjudication tribunal;

(

c) allow or direct the respondent to surrender

his or her licence to the council upon those conditions that may be considered

appropriate and strike the respondent's name from the register;

(

d) impose a fine not to exceed $10,000 to be paid

to the association;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the association in the investigation or hearing

of the complaint;

(

f) order that the Director of Professional

Conduct Review publish a

summary of the decision including the information set

out in subsection 29 (4) and other information

that the tribunal may specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the council or other body or

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been rehabilitated such that the respondent can safely return to practice,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

supervised clinical experience, or both, to the satisfaction of the council or

other body or person designated by the adjudication tribunal,

(vii) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions,

(ix) permit periodic inspection of his or her

practice,

(

x) permit periodic inspection of records relating

to his or her practice, or

(xi) impose other requirements that are just and

reasonable in the circumstances.

(4) The costs incurred by the association to

ensure the compliance of a respondent with an order or direction of an

adjudication tribunal under this

section shall be borne by the respondent.

Filing and publication

of decisions

(1) An adjudication tribunal shall file a decision or order made under subsection 27 (2) or 28 (3) with

the Director of Professional Conduct Review and provide a copy to the

complainant, the respondent, the respondent's employer and the minister.

(2) The Director of Professional Conduct Review

shall maintain a copy of a decision or order filed under subsection (1) for a

minimum of 5 years after the day the decision is filed and shall upon receiving

a request to view the disciplinary records in relation to a registered nurse

permit a person to view a

summary of a decision where that registered nurse was

the respondent, prepared in accordance with subsection (4).

(3) The Director of Professional Conduct Review

shall publish a

summary of a decision or order of an adjudication tribunal in a

newspaper of general circulation in or nearest to the community in which the

respondent practises within 14 days of the expiry of the appeal period provided

section 35 where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her licence;

(

c) restricts the 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 Director of Professional Conduct Review shall within

14 days of the filing of the subsequent decision or order publish a

summary of

the decision or order and subsections (3) and (4) apply, with the necessary

changes.

(6) The Director of Professional Conduct Review

may give notice of the decision and information respecting the decision to the

other persons the council may direct and shall include a

summary of the

decision in a certificate of good standing issued in relation to the respondent.

De-registration

and suspension

(1) Where

a respondent is allowed or directed to surrender his or her licence, his or her

rights and privileges as a registered nurse to practise nursing cease.

(2) Where a respondent requests that his or her

name be removed, or where his or her name is struck off, a register maintained

under this Act, his or her rights and privileges as a registered nurse to

practise nursing cease.

(3) Where a respondent is suspended, his or her

rights and privileges as a registered nurse to practise nursing cease for the

period of suspension.

(4) Where conditions or restrictions have been

imposed upon a respondent's ability to carry on his or her practice, his or her

rights and privileges as a registered nurse to practise nursing shall be

limited to the extent specified by the conditions or restrictions.

Failure to comply

(1) On

application by the association to the disciplinary panel, an adjudication

tribunal may make an order suspending the licence of a respondent where it

determines that the respondent has failed to comply with a decision or an order

under sections 18 to 35 .

(2) The parties to the application are the association

and the respondent.

(3) An order of an adjudication tribunal under

this

section may suspend the licence of the respondent for a fixed period that

the adjudication tribunal may consider appropriate, or until conditions which

it may impose are fulfilled, or until further order of the adjudication tribunal.

Reinstatement and

readmission

(1) Where

a decision or order of an adjudication tribunal

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her licence or to be removed from a register maintained under this Act;

(

c) restricts the 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 23 (3)(

b) and sections 25 to 30 apply, with

the necessary changes, to the referred matter.

(4) The parties to a supplementary hearing under

this

section are the respondent and the association.

(5) For the purpose of this section, in addition

to an order that an adjudication tribunal may make under

section 28 , a tribunal may

(

a) vary the original decision or order made under

section 28 ; or

(

b) discharge the original decision or order, with

or without conditions.

Costs of the council

(1) Where

a person who was ordered to pay the costs of the council under paragraph 27 (2)(

e) or 28 (3)(

e) fails to pay in the time required, the council may suspend the registration or

licence of that person until the costs are paid.

(2) Costs ordered to be paid under paragraph 27 (2)(

e) or 28 (3)(

e) are a debt due to the association and may be recovered by the association by a

civil action.

Collection of

fine

(1) Where an order is made under

section 27 or 28 imposing a fine on a respondent, the association

may issue a certificate stating the amount of the fine due and remaining unpaid

and the name of the person by whom it is payable, and file the certificate with

the Registrar of the Supreme Court.

(2) Where a certificate is filed with the

Registrar of the Supreme Court under subsection (1), it has the same effect and

all proceedings may be taken on the certificate as if it were a judgment of the

Trial Division for the recovery of the amount stated in the certificate against

the person named in the certificate.

(3) A person named in a certificate filed under this

section may, within 30 days after the certificate is filed, apply to a judge of

the Trial Division for a review, on a question of law or jurisdiction, of the

certificate.

(4) On an application under subsection (3), the

judge may make any amendment to the certificate that is necessary to make the

certificate accord with the 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

(1) The

association or the respondent may, within 30 days after receiving notice of a

decision or order of an adjudication tribunal under this Part, appeal the

decision or order or a part of it to the Trial Division by filing a notice of

appeal with the Registrar of the Supreme Court.

(2) An appeal under this

section does not stay the

decision or order being appealed unless the Trial Division orders otherwise.

Other care givers

36. This

Act shall not be interpreted as forbidding a legally qualified registered nurse

or a nurse practitioner of another province or country whose engagement

requires him or her to

(

a) accompany and care for a person temporarily in

this province; or

(

b) provide education or consultative services

during the period of the engagement, which

shall be for a maximum of 28 days, where the registered nurse or nurse

practitioner does not hold himself or herself out as a registered nurse or a nurse

practitioner licensed to practise in the province.

Nurse

practitioner standards committee

(1) The

association shall appoint a nurse practitioner standards committee including

(

a) a person nominated by the College of Physicians and

Surgeons of Newfoundland and Labrador ;

(

b) a person nominated by the Newfoundland and

Labrador Pharmacy Board; and

(

c) the other members the association considers it

appropriate to appoint.

(2) Decisions of the committee shall be made by a

majority vote of the members appointed under subsection (1) provided that at

least one member appointed under each of paragraphs (a), (

b) and (

c) vote in

agreement with that majority vote.

(3) The committee shall establish standards for

nurse practitioners

(

a) prescribing the forms of energy that a nurse

practitioner may order and prescribing the purpose for which and the circumstances

in which the form of energy may be applied;

(

b) prescribing the laboratory and other tests

that a nurse practitioner may prescribe; and

(

c) designating the drugs that a nurse

practitioner may prescribe and the circumstances under which the drugs may be

prescribed.

(4) The committee is authorized, as provided for

by regulations which the council, subject to the approval of the minister, may

make, to approve practice protocols.

(5) The committee and the members individually are

not liable for anything done in good faith in the performance of their duties

under this

section and the regulations.

Regulations

The council, subject to the approval of the minister and following consultation

by both of them with the committee appointed under

section 37 , may make regulations,

(

a) prescribing an approval process for a practice

protocol for nurse practitioners to authorise the nurse practitioner to practice

in the manner and to the extent set out in the practice protocol; and

(

b) generally to establish the standards and scope

of practice of nurse practitioners.

Protection from

liability

39. An

action for damages does not lie against the executive director, the Director of

Professional Conduct Review, an officer, employee or agent of the council, a

member of a disciplinary panel, adjudication tribunal or the individual members

of those bodies, a person appointed by the complaints authorization committee

to conduct an investigation, another agent of the council for

an act or failure

to act or a proceeding initiated or carried out in good faith under this Act,

or for carrying out duties or obligations authorized under this Act or for a

decision or order made or enforced in good faith under this Act.

Offence

40. A

person who obtains or attempts to obtain a registration or an annual licence by

making a misrepresentation or declaration and a person who helps in the making

of the misrepresentation or declaration is guilty of an offence.

Penalty

41. A

person guilty of an offence is, where no other penalty is provided in this Act,

liable on

summary conviction to a fine of not more than $5,000.

Transition

(1) The members of the council on the day before this Act comes

into force are continued as members until an election is held under

section 6 .

(2) An election to elect the 10 members referred

to in paragraph 6 (1)(

a) shall be held within 12

months after the day this Act comes into force.

(3) The minister shall make appointments under paragraph

6 (1)(

b) within 30 days of the election held

under subsection (2).

(4) Of the members of the council, not including the

president and the president-elect, first elected under

section 6 ,

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

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

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

RSNL1990 cR-9

Rep.

43. The Registered

Nurses Act is repealed.

Earl G. Tucker, Queen's Printer