Second

Session, 45th General Assembly

Elizabeth II, 2005

BILL 54

AN ACT RESPECTING THE

LICENSURE OF

PRACTICAL NURSES

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

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

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

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

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

HONOURABLE

JOHN OTTENHEIMER

Minister

of Health and Community Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would revise the law

respecting the regulation of licensed practical nurses.

In particular, the Bill would

establish a clear separation between advocacy on behalf of the professional

group and the responsibility of the governing body of the professional group to

establish and enforce qualifications for licensure or registration in the

interest of the protection of the public.

The second principal focus of the

Bill is the establishment of a disciplinary regime that fully incorporates the

developed principles of administrative law respecting impartiality, fairness,

and the right to be heard.

A BILL

AN ACT RESPECTING THE LICENSURE OF

PRACTICAL NURSES

Analysis

Short title

Definitions

Board continued

Appointed members

Meetings of the board

Annual meeting and report

Fees

Functions of college

Power to make agreements

Registrar

By-laws

Licensing

Definitions

Committees

Allegation

Effect of filing allegation

Complaints authorization committee

Adjudication tribunal

Hearing

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 college

Collection of fine

Appeal to Trial Division

Copies of books, etc. as evidence

Regulations

Fees

Protection from liability

Prohibition

Offence

Exemption

Transition

RSNL1990 cN-6 Rep.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Licensed

Practical Nurses Act, 2005.

Definitions

2. In

this Act

(a) "board" means the board referred to

section 3 ;

(b) "college" means the college

continued under

section 3 ;

(b) "licensed practical nurse" means a

practical nurse licensed under this Act;

(c) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(d) "practical nurse" means a person who

undertakes or performs duties or services relating to the care of patients that

is consistent with his or her training as approved by the council, or a person

acting under the direction of a registered nurse, a qualified medical

practitioner or a member of a health care profession approved by the minister,

who

(

i) performs procedures or treatments prescribed

or ordered by a registered nurse, medical practitioner or member of a health

care profession approved by the minister,

(ii) undertakes or assists in the care of

subacutely ill, chronically ill, custodial and convalescent patients, or

(iii) assists registered nurses in the care of

acutely ill patients,

but this definition shall not be construed

as being an approval of the delegation and direction of nursing functions by a

person other than a registered nurse, but functions which may be performed by a

qualified medical practitioner or a member of a health care profession approved

by the minister, other than a registered nurse or a licensed practical nurse,

may be delegated and directed by a member of that health care profession;

(e) "register" means the register of

licensed practical nurses kept by the registrar;

(f) "registered nurse" means a person

who is licensed to practise under the Registered

Nurses Act to practise the profession of nursing and is a registered member

in good standing of the Association of Registered Nurses of Newfoundland and Labrador,

and includes a nurse practitioner; and

(g) "registrar" means the Registrar of

Licensed Practical Nurses.

Board continued

(1) The

Council for Licensed Practical Nurses is continued under the name of the

College of Licensed Practical Nurses of Newfoundland and Labrador as a

corporation without share capital for the purposes of

Part XXI of the Corporations Act .

(2) All licensed practical nurses are members of

the college.

(3) The college shall be governed by a board consisting

(a) 6 persons elected from and by licensed

practical nurses in accordance with the by-laws;

(b) 3 persons appointed under

section 4 ;

(

c) one person appointed by the Centre for Nursing

Studies or a successor organization by or through which the program of studies

leading to qualification as a practical nurse is taught; and

(

d) the registrar of the college appointed by the

other members of the board under

section 10 ,

who shall not vote on a matter before the board, its executive or a committee

of the board.

(4) A member of the board may be elected for a

term set by the by-laws which shall not exceed 3 years and is eligible to be

re-elected, but shall not be a member of the board for more than 9 consecutive

years.

(5) An elected member may resign from the board by

written notice to the board.

(6) Where an elected member resigns, dies or

becomes incapable of performing his or her duties, the remaining members shall

appoint a replacement in accordance with the by-laws to serve until the next

election.

(7) Elected members shall serve without payment

for their services, but their travel and other expenses associated with their

duties as members may be paid by the college, in accordance with the by-laws.

(8) The board shall, in accordance with the

by-laws, elect from among its members a chairperson who shall preside at

meetings of the board and the college.

(9) The college may pay the registrar for

performing his or her duties under this Act, in accordance with the by-laws.

(10) The board shall govern the college and may

exercise the powers of the college in the name and on behalf of the college.

Appointed members

(1) The

minister shall appoint 3 members of the board suitable to represent the public

interest who shall not be licensed practical nurses.

(2) A person appointed under subsection (1) holds

office for a term of 3 years and is eligible to be re-appointed.

(3) Where a person appointed under subsection

(1) holds office for a period of 9 consecutive years the person is not eligible for

appointment as a member of the board until the expiration of 12 months from the

end of the year in which he or she was last a member of the board.

(4) Where the term of office of a person appointed

under this

section expires, he or she continues to be a member of the board

until re-appointed or replaced.

(5) Appointed members shall serve without payment

for their services, but their travel and other expenses associated with their

duties as members shall be paid by the board, in accordance with guidelines

established by the Lieutenant-Governor in Council.

(6) A person appointed under subsection (1) may

resign from the board by written notice to the minister.

Meetings of the

board

(1) A

quorum of the board is 5 voting members, one of whom is a member appointed to

represent the public interest.

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

member of the board may, where all the members consent, participate in a

meeting of the board by means of the telephone or other telecommunication

device that permits all persons participating in the meeting to communicate

with each other.

(3) Where a quorum under subsection (1) exists, a

majority of that number is sufficient to make a decision, and in the event of a

tie the chairperson of the meeting shall cast a second deciding vote.

(4) In the absence of the chairperson, the members

of the board in attendance at a meeting may appoint another member to chair

that meeting.

Annual meeting

and report

(1) The

college shall hold, in accordance with the by-laws, an annual general meeting

of licensed practical nurses at which

(

a) the election for members of the board shall be

held; and

(

b) an auditor shall be chosen to audit the accounts

of the college and report on the financial statements prepared by the college.

(2) The college may in its by-laws provide for

voting at a meeting of the college or in an election of members by mail or electronic

means.

(3) The college shall prepare and submit to the

minister before July 1,

(

a) a report on the activities of the college; and

(

b) the college's audited financial statements.

(4) Where the college fails to comply with

subsection (1), the college is guilty of an offence and on

summary conviction

may be fined $1,000.

Fees

(1) In

setting the fees payable under this Act, the board shall, where it is

practicable, ensure that the amount of the fees is sufficient to enable it to

discharge its functions under this Act.

(2) The money received by the college shall be

applied by it to the costs of discharging its functions under this Act.

Functions of college

8. The

functions of the college are

(

a) to set educational standards for licensed

practical nurses;

(

b) to evaluate programs for the education of

practical nurses in the province to determine whether these programs are operating

in compliance with the prescribed standards;

(

c) to set qualifications for licensure;

(

d) to examine candidates applying to be licensed;

(

e) to develop and publicize the functions and

areas of competence of and standards of practice for licensed practical nurses;

and

(

f) to perform other tasks that are in keeping

with the purposes of this Act.

Power to make

agreements

9. The

college has the power to enter into agreements with a person, association,

agent or commission, including an agency of the government of the province,

which are necessary for or incidental or conducive to the carrying out of the

functions of the college.

Registrar

(1) The

college shall appoint a registrar who by virtue of his or her office shall be a

non-voting member of the board.

(2) The registrar shall

(

a) issue licenses to practical nurses who meet

the qualifications for a licence established by this Act and other

qualifications that may be prescribed by regulation;

(

b) keep and maintain a register containing the

names of practical nurses licensed under this Act and other information that

may be required by the college;

(

c) collect any fees set by the board;

(

d) act as secretary to the board;

(

e) administer examinations that may be set by the

college;

(

f) perform the duties in respect of discipline

under sections 13 to 27; and

(

g) perform other duties that the college may

require.

(3) The registrar shall make the registers of the college

available for inspection by the public on reasonable notice and at reasonable

hours.

By-laws

(1) The

college may make by-laws not inconsistent with this Act respecting

(

a) the holding and procedure of its annual

general meeting and the board's meetings;

(

b) the appointment of committees of the college

and the board and the duties and responsibilities of those committees;

(

c) the election of members of the board under

subsection 3 (2) and setting the terms of

office;

(

d) the payment of travel and other expenses of

elected members of the board;

(

e) the employment and remuneration of staff and

consultants;

(

f) a code of ethics including a definition of

"professional misconduct", "conduct unbecoming" and

"incapacity or unfitness to practice" for the purposes of sections 13

to 27;

(

g) limiting the participation of members at a

meeting of the board by telephone or other telecommunications device under

section 5 ; and

(

h) providing for voting by licensed practical

nurses by mail or electronic means.

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

meeting of the college provided that 30 days notice, in writing, of the making,

amendment or repeal of the by-law and of the meeting are given to members of

the college.

(3) The college shall have its by-laws available

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

Licensing

(1) A

person may apply to the registrar in the form set by the college to be licensed

as a practical nurse where he or she

(

a) has completed a program of education for

practical nurses, or an equivalent program, approved by the college; and

(

b) meets the other requirements prescribed by

regulation.

(2) The registrar shall issue a licence to a

person who applies under subsection (1) and may renew a licence of a practical

nurse where the applicant or practical nurse

(

a) pays the licensing fee set by the board;

(

b) proves that he or she has obtained

professional liability insurance coverage in a form and amount satisfactory to

the college;

(

c) establishes that he or she is not suspended or

restricted from working as a practical nurse by a college or equivalent body

governing practical nursing in a jurisdiction outside the province;

(

d) pays outstanding fines, penalties or fees,

which are owed to the college; and

(

e) meets other requirements that may be set by

the college in the regulations.

Definitions

13. In

this

section and sections 14 to 27

(a) "allegation" means a written

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

(b) "complainant" means a person making

an allegation described in

section 15 ;

(c) "conduct deserving of sanction"

includes

(

i) professional misconduct,

(ii) professional incompetence,

(iii) conduct unbecoming a practical nurse,

(iv) incapacity or unfitness to practice as a

practical nurse, and

(

v) acting in breach of this Act, the regulations,

or the code of ethics made under

section 11 ;

(d) "costs incurred by the college"

includes

(

i) out of pocket expenses incurred by or on behalf

of the college,

(ii) amounts paid by the board to members of an adjudication

tribunal as remuneration and for expenses, and

(iii) the actual cost of legal counsel for the

college and the adjudication tribunal;

(e) "disciplinary panel" means the panel

of persons appointed under

section 14 ; and

(f) "respondent" means a licensed

practical nurse or a former licensed practical nurse against whom an allegation

is made.

Committees

(1) The

board shall appoint at least 3 of its members, at least one of whom was

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

complaints authorization committee.

(2) The board shall appoint the chairperson and

vice-chairperson of the complaints authorization committee from the persons

appointed under subsection (1).

(3) The registrar is not eligible to be a member

of the complaints authorization committee.

(4) The board shall appoint at least 10 licensed

practical nurses who are not members of the board and the minister shall

appoint at least 3 persons, who are not licensed practical nurses, to represent

the public interest, who shall together constitute a disciplinary panel.

(5) The board shall appoint one of the members of

the disciplinary panel as chairperson of the panel.

(6) Of the members first appointed to the

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

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

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

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

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

re-appointed or his or her replacement is appointed.

(8) Persons appointed to the disciplinary panel

may be reappointed.

(9) A member of the disciplinary panel shall serve

as a member without payment for his or her services, but may be remunerated for

services as a member of an adjudication tribunal and paid his or her travel and

other expenses associated with the work of that tribunal by the college, in

accordance with the rates set by the by-laws.

(10) The complaints authorization committee and an

adjudication tribunal appointed under

section 18

and a person appointed by either of them may summon a licensed practical nurse

or another person and require him or her to give evidence, orally or in

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

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

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

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

Allegation

(1) An

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

solicitor, and filed with the registrar.

(2) The registrar may on his or her own motion

make an allegation and file it, and the allegation shall have the same effect

as an allegation referred to in subsection (1).

(3) Where the registrar has been informed that a

respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute

of another country or has been suspended by a governing body of practical

nurses in another province or territory of Canada or another territory or

country for reason of professional misconduct, conduct unbecoming a practical

nurse or professional incompetence, the information shall be dealt with by the

registrar as an allegation.

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

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

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

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

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

to have signed on behalf of that body.

Effect of filing

allegation

(1) Where

it appears to the registrar after notifying the respondent of the allegation

that the allegation may be resolved satisfactorily and where the complainant

and the respondent consent, the registrar may attempt to resolve the matter.

(2) Where the allegation is not satisfactorily

resolved by the registrar under subsection (1), the registrar shall refer the

allegation and all other allegations to the complaints authorization committee.

(3) The registrar shall inform a complainant and a

respondent of the referral of the allegation to the complaints authorization committee.

Complaints authorization

committee

(1) After

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

committee may exercise one or more of the following powers:

(

a) refer the allegation back to the registrar for

an investigation or alternative dispute resolution in accordance with the regulations;

(

b) conduct an investigation itself or appoint a

person to conduct an investigation on its behalf; and

(

c) require

the respondent to appear before it.

(2) Where the complaints authorization committee

is of the opinion there are no reasonable grounds to believe the respondent has

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

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

(3) Where the complaints authorization committee

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

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

be considered as constituting a complaint, and the committee may

(

a) counsel or caution the respondent; or

(

b) instruct the registrar to file the complaint

against the respondent and refer it to the disciplinary panel; and

(

c) recommend to the college that

(

i) the respondent's licence be suspended or

restricted, or

(ii) the registrar conduct an investigation of the

respondent's practice, and where the college approves an investigation the

registrar shall conduct it,

at any time before a final determination by

the adjudication tribunal.

(4) A person conducting an investigation under

paragraph (1)(a), (

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

(

a) the respondent to

(

i) undergo practical and other examinations he or

she considers necessary and as arranged by the registrar or the board, and

(ii) permit the registrar or a member of the board

or a person appointed by the complaints authorization committee to inspect and

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

matter of the investigation; and

(

b) another person to permit the registrar or a

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

committee to inspect and copy records and other documents relating to the

subject matter of the investigation held by that person,

and the respondent or other person shall

comply.

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

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

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

(6) Where the registrar, a member of the board or

a person appointed by the complaints authorization committee requires that a respondent

or another person provide information under subsection (4), that information

shall be provided, as requested, within 7 days of receipt of the requirement or

a different period as specified.

(7) Where the complaints authorization committee

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

or investigated the board may

(

a) decide not to act on the recommendation; or

(

b) suspend, restrict or investigate the

respondent's practice.

(8) A complainant whose allegation is dismissed by

the complaints authorization committee under subsection (2) may within 30 days

after receiving notice of the dismissal appeal the dismissal to the Trial

Division by filing a notice of appeal with the Registrar of the Supreme Court.

(9) Subsection (4), (5) and (6) apply to the

Crown.

Adjudication

tribunal

(1) For

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

chairperson of the disciplinary panel shall appoint from it an adjudication

tribunal consisting of 3 persons, of whom 2 shall be licensed practical nurses

and one shall be a member of the panel appointed to represent the public

interest.

(2) The chairperson of the disciplinary panel

shall appoint one of the members on an adjudication tribunal to be the

chairperson.

Hearing

(1) Where

a complaint has been referred under paragraph 17 (3)(b),

an adjudication tribunal shall hear the complaint.

(2) The parties to a hearing are the college and

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

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

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

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

or another person against the consequences of possible disclosure of personal

matters outweighs the desirability of holding the hearing in public.

Guilty plea by

respondent

(1) Where

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

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

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

submissions from the parties.

(2) Where a respondent pleads guilty, and

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

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to surrender

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

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

(

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

to the college;

(

e) order that the respondent pay the costs or a

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

the complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 22 (4) and other information that the tribunal may

specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

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

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

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

another body or person designated by the adjudication tribunal,

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

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions, or

(ix) impose other requirements that are just and

reasonable in the circumstances.

(3) The costs incurred by the college to ensure

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

tribunal under this

section shall be borne by the respondent.

Powers of adjudication

tribunal

(1) Upon

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

not a respondent is guilty of conduct deserving of sanction.

(2) Where an adjudication tribunal decides that a

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

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

unreasonable,

(

a) order that those costs that the tribunal

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

(

b) make another order that it considers

appropriate.

(3) Where an adjudication tribunal decides that a

respondent is guilty, it may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to surrender

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

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

(

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

to the college;

(

e) order that the respondent pay the costs or a

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

the complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 22 (4) and other information that the tribunal may

specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

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

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

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

another body or person designated by the adjudication tribunal,

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

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions, or

(ix) impose other requirements that are just and

reasonable in the circumstances.

(4) The costs incurred by the college to ensure

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

tribunal under this

section shall be borne by the respondent.

Filing and publication

of decisions

(1) An

adjudication tribunal shall file a decision or order made under subsection 20 (2) or 21 (3) with

the registrar and provide a copy to the complainant and the respondent and the

respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 5 years after the

day the decision is filed and shall upon receiving a request to view the

disciplinary records in relation to a licensed practical nurse permit a person

to view a

summary of a decision where that licensed practical nurse was the respondent,

prepared in accordance with subsection (4).

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal in a newspaper of general

circulation in or nearest to the community in which the respondent practises

within 14 days of the filing of the decision or order, where the decision or

order

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her licence;

(

c) restricts the respondent's practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) The

summary of the decision published under

subsection (3) shall include

(

a) the name of the respondent and the address

where he or she practises;

(

b) the date, location and a brief description of

the conduct of the respondent that was found to be deserving of sanction;

(

c) the name of the complainant, unless the

complainant has requested that his or her name be withheld;

(

d) the contents of the order in relation to the

actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(5) Where a decision published under this

section

is varied or set aside, the registrar shall within 14 days of the filing of the

subsequent decision or order publish a

summary of the decision or order and

subsections (3) and (4) apply, with the necessary changes.

De-registration

and suspension

(1) Where

a respondent is struck off the register, his or her rights and privileges as a

licensed practical nurse cease.

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

rights and privileges as a licensed practical nurse cease for the period of

suspension.

(3) Where conditions or restrictions have been

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

rights and privileges as a licensed practical nurse shall be limited to the

extent specified by the conditions or restrictions.

Failure to comply

(1) On

application by the college to the disciplinary panel, an adjudication tribunal

may make an order suspending the rights and privileges of a respondent where it

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

under this Part.

(2) The parties to the application are the college

and the respondent.

(3) An order of an adjudication tribunal under

this

section may suspend the rights and privileges of the respondent for a

fixed period that the adjudication tribunal may consider appropriate, or until

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

adjudication tribunal.

Reinstatement and

readmission

(1) Where,

in a decision or order, an adjudication tribunal

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her licence;

(

c) restricts the respondent's practice; or

(

d) specifies conditions for the continuing

practice of the respondent,

and where the respondent alleges that new

evidence has become available or a material change in circumstances has

occurred since the making of the decision or order, the respondent may apply to

the complaints authorization committee for a supplementary hearing to discharge

or vary the decision or order based on the new evidence or material change in

circumstances.

(2) An application under subsection (1) shall be

made not more than 90 days after the new evidence becomes available or the

material change in circumstances has occurred.

(3) Where an application is made to the complaints

authorization committee under subsection (1), and the committee is of the opinion

that new evidence has become available or that a material change in

circumstances has occurred, as alleged by a respondent, the matter shall be

referred to an adjudication tribunal as if it were a matter referred under

paragraph 17 (3)(

b) and sections 19 to 23 apply, with

the necessary changes, to the referred matter.

(4) The parties to a supplementary hearing under

this

section are the respondent and the college.

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

to an order that an adjudication tribunal may make under

section 21 , a tribunal may

(

a) vary the original decision or order made under

section 21 ; or

(

b) discharge the original decision or order, with

or without conditions.

Costs of the college

(1) Where

a person who was ordered to pay the costs of the college under paragraph 20 (2)(

e) or 21 (3)(

e) fails to pay in the time required, the college may suspend the registration of

that person until the costs are paid.

(2) Costs ordered to be paid under paragraph 20 (2)(

e) or 21 (3)(

e) are a debt due to the college and may be recovered by the college by a civil action.

Collection of

fine

(1) Where

an order is made under

section 20 or 21 imposing a fine on a respondent, the college may

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

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

Registrar of the Supreme Court.

(2) Where a certificate is filed with the

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

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

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

the person named in the certificate.

(3) A person named in a certificate filed under

this

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

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

of the certificate.

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

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

certificate accord with the judge's decision.

(5) There is no appeal from a decision of a judge

made under this section.

(6) A certificate filed under this

section may

also be filed in the judgment enforcement registry on the expiration of the 30

day period referred to in subsection (3) in accordance with

Part III of the Judgment Enforcement Act and be enforced

in accordance with that Act.

Appeal to Trial

Division

(1) The

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

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

decision or order to the Trial Division by filing a notice of appeal with the

Registrar of the Supreme Court.

(2) An appeal under this

section does not stay the

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

Copies of books,

etc. as evidence

29. A

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

(

a) a member of the complaints authorization

committee; or

(

b) a person authorized under subsection 17 (4) to conduct an inspection,

who made the copy or extract under

subsection 17 (4) is admissible in evidence in

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

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

contents.

Regulations

(1) The

college may, subject to the approval of the minister, make regulations

(

a) approving schools and educational programs for

licensed practical nurses and respecting the content and standards of those

schools and educational programs;

(

b) providing for the examination of persons who

wish to be registered as licensed practical nurses;

(

c) prescribing the qualifications for the

licensure of persons as licensed practical nurses including qualifications for

temporary licensure;

(

d) respecting alternative dispute resolution for

the purposes of sections 14 to 27 and the procedure for that resolution;

(

e) prescribing time limits for events in the

disciplinary process in sections 14 to 27, including time limits for:

(

i) the filing of an allegation,

(ii) the conduct of an investigation under

section 17 ,

(iii) consideration of an allegation by the

complaints authorization committee following completion of an investigation,

(iv) responding to a complainant and respondent at

each stage of the process,

(

v) the conduct of a practice investigation under

subparagraph 17 (3)(c)(ii),

(vi) the appointment of an adjudication tribunal

under

section 18 , and

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

decision or order by an adjudication tribunal following completion of the hearing;

and

(

f) generally, to give effect to the purpose of

this Act.

(2) Notwithstanding paragraph (1)(e), the minister

may make regulations prescribing time limits for events in the disciplinary

process under sections 14 to 27 where the board does not do so within a period the

minister considers reasonable.

Fees

31. The

board may set fees for the purpose of this Act.

Protection from

liability

32. An

action for damages does not lie against the registrar, an officer or employee

of the college, a member of a disciplinary panel, adjudication tribunal or the

individual members of those bodies, a person appointed by the complaints

authorization committee to conduct an investigation, another agent of the college

or the college as a corporation for

an act or failure to act or a proceeding

initiated or carried out in good faith under this Act, or for carrying out

duties or obligations authorized under this Act or for a decision or order made

or enforced in good faith under this Act.

Prohibition

33. A

person, except a practical nurse licensed under this Act shall not

(

a) practise or hold himself or herself out as

being entitled to practise as a practical nurse;

(

b) use the titles "practical nurse" or

"licensed practical nurse"; or

(

c) use a name, title or designation or act in a

manner that expressly or otherwise might lead to the belief that the person is

licensed as a practical nurse under this Act.

Offence

34. A

person who contravenes this Act is guilty of an offence and is liable on

summary conviction to a fine not exceeding $1,000 and to imprisonment for a

term not exceeding one month in default of payment or to both a fine and

imprisonment.

Exemption

35. This

Act shall not be construed to affect or apply to nursing care provided

(

a) by a member of the family of a patient;

(

b) by a person employed primarily in a domestic

capacity who does not claim to be or accept employment as a licensed practical

nurse;

(

c) by a person enrolled in a school or course of

training for the purpose of becoming a registered nurse or a licensed practical

nurse; or

(

d) by a registered nurse.

Transition

(1) The

members of the council for Licensed Practical Nurses on the day before this Act

comes into force are continued as members of the board until an election is

held under

section 6 .

(2) An election to elect the 6 members of the

board referred to in paragraph 3 (3)(

a) shall be

held within 12 months after the day this Act comes into force.

(3) The minister shall make appointments under

section 4 within 30 days of the election held

under subsection (2).

(4) Of the members of the board first elected

under

section 6 ,

(a) 2 shall be elected for a term of 3 years;

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

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

RSNL1990 cN-6

Rep.

37. The Licensed

Practical Nurses Act is repealed.

Earl G. Tucker, Queen's Printer