Third

Session, 48th General Assembly

Elizabeth II, 2019

BILL 57

AN ACT

TO AMEND THE REGISTERED NURSES ACT, 2008

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE JOHN

HAGGIE

Minister of Health

and Community Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Registered Nurses Act, 2008 to

change the name of the

Association of Registered Nurses of Newfoundland and Labrador to the College of

Registered Nurses of Newfoundland and Labrador ;

update the terminology used to

describe the executive members of the council;

allow more than 4 public member

appointments to the council of the college;

allow the council, with the

approval of the minister, to make regulations establishing different categories

of registered nurses;

clarify that the disciplinary

process applies to any person licensed under the Act;

clarify when costs of an

investigation and hearing of a complaint under the Act may be ordered;

clarify the quality assurance

provisions; and

remove the requirement to

appoint a nurse practitioner standards committee.

A BILL

AN ACT TO AMEND THE REGISTERED NURSES ACT,

Analysis

S.2 Amdt.

Definitions

S.3 Amdt.

Corporation

S.4 Amdt.

Objects

S.5 Amdt.

Council

S.6 Amdt.

Composition

of the council

S.7 Amdt.

Annual meeting

S.8 Amdt.

Council officers

S.10 Amdt.

By-laws

S.11 Amdt.

Regulations

S.15 Amdt.

Registers of registered nurses

S.18 Amdt.

Definitions

S.23 Amdt.

Complaints authorization committee

S.25 Amdt.

Hearing

S.27 Amdt.

Guilty

plea by respondent

S.28 Amdt.

Powers of adjudication tribunal

S.29 Amdt.

Filing and publication of decisions

S.30 Amdt.

De-registration and suspension

S.31 Amdt.

Failure to comply

S.32 Amdt.

Reinstatement and readmission

S.33 Amdt.

Costs of the council

S.34 Amdt.

Collection

of fine

S.35 Amdt.

Appeal

23. Ss. 37 & 38 Rep.

37. Nurse practitioner

standards

committee

38. Regulations

Transitional

SNL2014 c26 Amdt.

RSNL1990 cE-9 Amdt.

RSNL1990 cG-6 Amdt.

SNL2005 cL-12.1 Amdt.

RSNL1990 cM-8 Amdt.

SNL2014 cO-9 Amdt.

SNL2017 cP-18.2 Amdt.

NLR 82/14 Amdt.

NLR104/09 Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2008 cR-9.1

as amended

(1) Paragraph 2(

b) of the Registered Nurses Act, 2008 is repealed and the following

substituted:

(b) "college" means the College of

Registered Nurses of Newfoundland and Labrador

continued by this Act;

(2) Paragraph 2(

c) of the Act is amended by

deleting the word "association" and substituting the word

"college".

(3) Paragraph 2(

d) of the Act is amended by

deleting the word "association" and substituting the word

"college".

(4) Paragraph 2(

i) of the Act is amended by

deleting the word "association" and substituting the word

"college".

2. (1) Subsection 3(1) of the Act is repealed and

the following substituted:

Corporation

(1) The

Association of Registered Nurses of Newfoundland and Labrador is continued

under the name the College of Registered Nurses of Newfoundland and Labrador as

a corporation without share capital for the purposes of

Part XXI of the Corporations Act .

(2) Subsection 3(2) of the Act is repealed.

(3) Subsection 3(3) of the Act is amended by

deleting the word "association" and substituting the word "college".

(4) Paragraph 3(3)(

a) of the Act is repealed and

the following substituted:

(

a) persons who are holders of a licence;

Section 4 of the Act is amended by deleting the

word "association" and substituting the word "college".

Section 5 of the Act is amended by deleting the

word "association" wherever it appears and substituting the word

"college".

5. (1) Subsection 6(1) of the Act is repealed and

the following substituted:

Composition of the

council

(1) The

council shall consist of

(a) 10 persons elected from and by registered

nurses in accordance with the by-laws; and

(

b) at least 4 persons appointed by the minister

to represent the public interest who are not registered nurses.

(2) Subsection 6(4) of the Act is repealed and the

following substituted:

(4) A member of the council shall be elected or appointed

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

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

6. (1) Subsection 7(1) of the Act is amended by

deleting the word "association" and substituting the word "college".

(2) Subsection 7(2) of the Act is amended by

deleting the word "association" wherever it appears and substituting

the word "college".

(3) Paragraph 7(3)(

a) of the Act is amended by

deleting the word "association" and substituting the word "college".

(4) Paragraph 7(3)(

b) of the Act is amended by

deleting the word "associations" and substituting the word "college's".

(5) Subsection 7(5) of the Act is amended by

deleting the word "association" wherever it appears and substituting

the word "college".

(6) Subsection 7(6) of the Act is amended by

deleting the word "association" and substituting the word "college".

7. (1) Subsection 8(1) of the Act is repealed and

the following substituted:

Council officers

(1) The

council shall elect from the persons elected or appointed under

section 6

(

a) a chairperson who shall preside over meetings

of the college and the council; and

(

b) a vice-chair person who shall, in the absence

of the chairperson, preside over meetings of the college and the council.

(2) Subsections 8(2) and (3) of the Act are

repealed.

(3) Subsection 8(4) of the Act is amended by

deleting the word "association" and substituting the word

"college".

8. (1) Paragraph 10(1)(

a) of the Act is amended by

deleting the word "associations" and substituting the word "college's".

(2) Paragraph 10(1)(

b) of the Act is repealed and

the following substituted:

(

b) providing for the election of members of the

council under paragraph 6(1)(a);

(3) Subsection 10(1) of the Act is amended by

adding immediately after paragraph (

b) the following:

(b.1) respecting the term of office of the

chairperson and the vice-chairperson;

(4) Paragraph 10(1)(

c) of the Act is amended by

deleting the word "association" and substituting the word

"college".

(5) Paragraph 10(1)(

d) of the Act is amended by

deleting the word "association" and substituting the word "college".

9. Subsection 11(1) of the Act is amended by

adding immediately after paragraph (

a) the following:

(a.1) establishing different categories of

registered nurses;

Section 15 of the Act is amended by deleting

the word "association" wherever it appears and substituting the word

"college".

(1) Paragraph 18(

d) of the Act is amended by

deleting the word "association" wherever it appears and substituting

the word "college".

(2) Paragraph 18(

g) of the Act is repealed and the

following substituted:

(g) "respondent" means a

(

i) registered nurse,

(ii) former registered nurse, or

(iii) another person to whom this Act or the

regulations applies or applied

against whom an allegation is made.

(1) Section 23 of the Act is amended by

deleting the word "respondents" wherever it appears and substituting

the word "respondent's".

(2) Subsection 23(8) of the Act is amended by

deleting the words "Trial Division" and substituting the word

"Supreme Court".

13. Subsection 25(2) of the Act is amended by

deleting the word "association" and substituting the word

"college".

(1) Section 27 of the Act is amended by

deleting the word "association" wherever it appears and substituting

the word "college".

(2) Paragraph 27(2)(

c) of the Act is amended by

deleting the word "respondents" and substituting the word "respondent's".

15. (1) Paragraph 28(2)(

a) of the Act is amended by

deleting the word "association" and substituting the word "college".

(2) Paragraph 28(3)(

c) of the Act is amended by

deleting the word "respondents" and substituting the word "respondent's".

(3) Paragraph 28(3)(

d) of the Act is amended by

deleting the word "association" and substituting the word

"college".

(4) Paragraph 28(3)(

e) of the Act is repealed and

the following substituted:

(

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;

(5) Subsection 28(4) of the Act is amended by

deleting the word "association" and substituting the word "college".

16. Paragraph 29(3)(

c) of the Act is amended by

deleting the word "respondents" and substituting the word "respondent's".

17. Subsection 30(4) of the Act is amended by

deleting the word "respondents" and substituting the word "respondent's".

Section 31 of the Act is amended by deleting

the word "association" wherever it appears and substituting the word

"college".

19. (1) Paragraph 32(1)(

c) of the Act is amended by

deleting the word "respondents" and substituting the word "respondent's".

(2) Subsection 32(4) of the Act is amended by

deleting the word "association" and substituting the word

"college".

20. Subsection 33(2) of the Act is amended by

deleting the word "association" wherever it appears and substituting

the word "college".

21. (1) Subsection 34(1) of the Act is repealed and

the following substituted:

Collection of

fine

(1) Where

an order is made under

section 27 or 28 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) Subsection 34(2) of the Act is amended by

deleting the words "Trial Division" wherever they appear and

substituting the words "Supreme Court".

(3) Subsection 34(3) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

22. (1)

Section 35(1) of the Act is repealed and

the following substituted:

Appeal

(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) Subsection 35(2) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

23. Sections 37 and 38 of the Act are repealed.

Transitional

(1) A person who is the president immediately

before the coming into force of this Act shall be the chairperson until his or

her term expires.

(2) A person who is the president-elect

immediately before the coming into force of this Act shall be the

vice-chairperson until his or her term expires.

SNL2014 c26 Amdt.

(1) Section 3 of

An Act to Amend the Registered Nurses Act, 2008 is amended by

adding immediately after subsection 35.3(1) the following:

(1.1) Before initiating a quality assurance review

under subsection (1), the Director of Professional Conduct Review may attempt

to resolve the matter.

(2) Section 3 of the Act is amended by deleting in

section 35.4 the word "association" and substituting the word

"college".

RSNL1990 cE-9

Amdt.

26. Paragraph 2(

b) of the Emergency Medical Aid Act is amended by deleting the words

"Association of Registered Nurses of Newfoundland" and substituting

the words "College of Registered Nurses of Newfoundland and

Labrador".

RSNL1990 cG-6

Amdt.

Schedule B of the Government Money Purchase Pension Plan Act is amended by deleting

the words "Association of Registered Nurses of Newfoundland "

and substituting the words " College

of Registered Nurses of Newfoundland and Labrador ".

SNL2005 cL-12.1

Amdt.

28. Paragraph 2(

f) of the Licensed Practical Nurses Act, 2005 is amended by deleting the

words "Association of Registered Nurses of Newfoundland

and Labrador" and substituting the words " College

of Registered Nurses of Newfoundland and Labrador ".

RSNL1990 cM-8

Amdt.

29. Paragraph 19(2)(

h) of the Memorial University Pensions Act is amended by deleting the words

"Association of Registered Nurses of Newfoundland "

and substituting the words " College

of Registered Nurses of Newfoundland and Labrador ".

SNL2014 cO-9

Amdt.

30. The

Schedule in the Other Post-Employment Benefits Eligibility Modification Act is

amended by deleting the words "Association of Registered Nurses of Newfoundland and Labrador" and substituting the

words " College of Registered Nurses of Newfoundland

and Labrador ".

SNL2017 cP-18.2

Amdt.

31. Subparagraph 2(1)(k)(

i) of the Prescription Monitoring Act is amended

by deleting the words "Association of Registered Nurses of Newfoundland

and Labrador" and substituting the words "College of Registered

Nurses of Newfoundland and Labrador".

NLR 82/14 Amdt.

32. Paragraph 6(

c) of the Administration of Drug Therapy by Inhalation or Injection Regulations

published under the Pharmacy Act, 2012 is

amended by deleting the words "Association of Registered Nurses of Newfoundland and Labrador" and substituting the

words " College of Registered Nurses of Newfoundland

and Labrador ".

NLR104/09 Amdt.

Section 4 of the Pharmacy Network Regulations published under the Personal Health Information Act is

amended by deleting the words "Association of Registered Nurses of Newfoundland and Labrador" and substituting the

words " College of Registered Nurses of Newfoundland

and Labrador ".

Commencement

34. This Act comes into force on September 1, 2019.

Queen's Printer