Bill 2487 — Nurses Act (50th General Assembly, 2nd Session)

Bill 2487

Newfoundland and Labrador — Bills

Second

Session, 50th General Assembly

Charles III, 2024

BILL 87

AN ACT RESPECTING

LICENSED PRACTICAL NURSES, REGISTERED NURSES, REGISTERED PSYCHIATRIC NURSES AND NURSE PRACTITIONERS

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE JOHN

HOGAN, KC

Minister of Health

and Community Services and Attorney General

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Nurses Act and repeal the Registered Nurses Act, 2008 and the Licensed Practical Nurses Act, 2005 .

The Bill would

establish the Newfoundland and

Labrador College of Nurses as the regulator of nursing professions in the

province; and

provide for the governance,

licensing and discipline of licensed practical nurses, registered nurses,

registered psychiatric nurses and nurse practitioners.

A BILL

AN ACT RESPECTING LICENSED

PRACTICAL NURSES, REGISTERED NURSES, REGISTERED PSYCHIATRIC NURSES

AND NURSE PRACTITIONERS

Analysis

Short title

Definitions

PART

COLLEGE

College

Objects

Composition of board

Appointed members

Registrar

Committees

Fees

Annual meeting

Annual reports

By-laws

PART

REGISTRATION AND LICENSING

Licences

Appeal of licence decision

Prohibition

Licensing exemption

Continuing professional development

Scope of practice

PART

III

DISCIPLINE

Definitions

Committees

Duty to report

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 college

Collection of fine

Appeal to Supreme Court

PART

QUALITY ASSURANCE

Quality assurance committee

Registrants shall comply

Conduct of review

Costs

Termination of review

PART

GENERAL

Protection from liability

Conflicting legislation

Offence

Regulations

PART

TRANSITIONAL, CONSEQUENTIAL, REPEAL AND COMMENCEMENT

Transitional assets and liabilities

Transitional - employees

Transitional - certain rights not

affected

Transitional protection from liability

Transitional temporary board

Transitional - licences

Transitional complaints, discipline,

quality assurance, decisions and orders

RSNL1990 cE-9 Amdt .

SNL2022 cF-01 Amdt .

RSNL1990 cG-6 Amdt .

SNL2011 cG-7.1 Amdt .

SNL1995 cP-37.1 Amdt .

RSNL1990 cH-3 Amdt .

SNL2011 cM-4.02 Amdt .

RSNL1990 cM-8 Amdt .

SNL2006 cM-9.1 Amdt .

SNL2019 cO-6.2 Amdt .

SNL2014 cO-9 Amdt .

SNL2008 cP-7.01 Amdt .

SNL2006 cP-12.01 Amdt .

SNL2024 cP-12.3 Amdt .

SNL2017 cP-18.2 Amdt .

SNL2018 cP-37.3 Amdt .

RSNL1990 cP-43 Amdt .

SNL2012 cS-13.02 Amdt .

SNL2009 cV-6.01 Amdt .

NLR 24/19 Amdt .

NLR 56/19 Amdt .

NLR 83/23 Amdt .

NLR 53/18 Amdt .

NLR 114/96 Amdt .

NLR 104/09 Amdt .

NLR 62/24 Amdt .

NLR 78/19 Amdt .

NLR 121/18 Amdt .

CNLR 1156/96 Amdt .

NLR 34/18 Amdt .

SNL2005 cL-12.1 Rep.

SNL2008 cR-9.1 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This Act may be cited as the Nurses Act.

Definitions

2. In

this Act

(a) "audio-visual technology" means technology that allows persons who are not in the physical

presence of one another to see, hear and communicate with each other at all times;

(b) "board" means the board of directors of the college referred

to in

section 5;

Labrador College of Nurses established under

section 3;

(d) "department" means the department presided over by the minister;

(e) "licence" means, unless the context indicates otherwise, a licensed

practical nurse licence, registered nurse licence, registered psychiatric nurse

licence or nurse practitioner licence;

(f) "licensed practical nurse" means, unless the context indicates otherwise, a person who holds a licensed practical nurse licence ;

(g) "licensed practical nurse licence"

means a licence

issued under paragraph 14(1)(

a) to engage in the practice of nursing;

(h) "minister" means the minister appointed under the Executive

Council Act to administer this Act;

( i ) "nurse

practitioner" means, unless the context

indicates otherwise, a registered

nurse who holds a nurse practitioner licence ;

(j) "nurse practitioner licence" means a licence issued

under paragraph 14(1)(

d) to engage in the practice of nursing;

(k) "practice of nursing" means the use

of nursing knowledge, theory and skill in

(

i) the promotion, maintenance and restoration of health, and

(ii) the prevention, treatment and palliation of

illness and injury primarily by

(

A) assessing health status,

(

B) planning, implementing

and evaluating interventions, and

(

C) coordinating health services;

(l) "practice of psychiatric nursing"

means the use of psychiatric nursing knowledge, theory

and skill in

(

i) the promotion, maintenance and restoration of health with a focus on

psychosocial, mental or emotional health, and

(ii) the prevention, treatment and palliation of

illness and injury, with a focus on psychosocial, mental, or emotional

disorders and conditions or comorbid physiological conditions, primarily by

(

A) assessing health status,

(

B) planning, implementing

and evaluating interventions, and

(

C) coordinating health services;

(m) "register" means the register referred to in

section 13;

(n) "registered nurse" means, unless the context indicates otherwise, a person who holds a registered nurse licence ;

(o) "registered nurse licence" means a licence issued

under paragraph 14(1)(

b) to engage in the practice of nursing;

(p) "registered psychiatric nurse" means,

unless the context indicates otherwise, a person who holds a registered psychiatric

nurse licence ;

(q) "registered psychiatric nurse

licence" means a licence issued under paragraph 14(1)(

c) to engage in the

practice of psychiatric nursing;

(r) "registrant" means a licensed practical nurse, registered nurse,

registered psychiatric nurse or nurse practitioner; and

(s) "registrar" means the person appointed as registrar under

section

PART I

COLLEGE

College

(1) The Newfoundland and Labrador College of Nurses is

established as a corporation without share capital for the purposes of

Part XXI

of the Corporations Act .

(2) The

college is the successor in law to the College of Registered Nurses of

Newfoundland and Labrador and the College of Licensed Practical Nurses of

Newfoundland and Labrador.

Objects

(1) The college shall regulate the practice of nursing, the

practice of psychiatric nursing and the nursing profession in the public

interest.

(2) The objects of the

college include

(

a) the approval of education programs for licensed

practical nurses, registered nurses, registered psychiatric nurses and nurse

practitioners in accordance with the regulations;

(

b) the promotion of

(

i) high standards of practice, and

(ii) continuing competence

and quality improvement;

(

c) the

licensing of registrants;

(

d) the establishment,

maintenance and development of standards for the practice of nursing and the practice of psychiatric nursing;

(

e) responding to and managing complaints and

discipline related to the practice of nursing and the

practice of psychiatric nursing ;

(

f) establishing

and maintaining a quality assurance program;

(

g) the enforcement of standards of conduct; and

(

h) ensuring that the

public interest is protected in all matters relating to the practice of nursing

and the practice of psychiatric nursing.

Composition of board

(1) The board shall consist

(a) 9 members elected

from and by registrants in accordance with the by-laws;

(b) 2 members appointed

by the minister under paragraph 6(1)(a );

(

c) one member appointed by the minister under

paragraph 6(1)(b) ; and

(d) 2 members appointed

by the board under subsection 6(2) .

(2) A person who is

employed by, under contract with or holds any elected or appointed position

with a union or advocacy group that promotes the interests of registrants or

persons registered as licensed practical nurses, registered nurses, registered

psychiatric nurses or nurse practitioners in another jurisdiction is ineligible

to be a member of the board.

(3) A person elected

under this

section shall hold office for a term of 3 years and is eligible to

be re-elected.

(4) Where a person

elected under this

section holds office for a period of 9 consecutive years,

the person is not eligible for election as a member until the expiration of 12

months from the end of the year in which the person was last a member.

(5) Where the term of

office of a person elected under this

section expires, the person continues to

be a member of the board until re-elected or replaced.

(6) A person elected

under this

section may resign from the board by written notice to the board.

(7) Where

a person elected under this

section dies, retires, resigns

or becomes incapable of

performing the elected member's duties, the vacancy shall be filled by an election in accordance with the

by-laws.

(8) Where

a vacancy is filled under subsection (7), the person filling the vacancy shall

serve for the remainder of the term of office of the member being replaced, and

that person is eligible for re-election.

(9) M embers

elected under this

section may be remunerated by the board

for their service on the board and paid their travel and

other expenses associated with their duties as members, in accordance with the

by-laws.

(10) The board shall

elect an executive from the members including a chairperson who shall preside

over meetings of the board, a vice-chairperson who shall preside over meetings

in the absence of the chairperson and other officers as provided for in the

by-laws.

(11) Except where

prohibited in the by-laws, a member of the board may, where all the members

consent, participate in a meeting of the board by means of audio-visual technology .

(12) A quorum of the board

is 50% plus one member, at least one of whom shall be a member appointed to

represent the public interest.

(13) Where there is a tie

vote on a motion or resolution of the board, that motion or resolution shall be considered to be defeated.

Appointed members

(1) The minister shall appoint

(a) 2 members who are

not registrants who are suitable to represent the public interest; and

(

b) one member selected from a list of nominees,

submitted by the board , who are knowledgeable

in education programs for licensed

practical nurses, registered nurses, registered psychiatric nurses or nurse

practitioners .

(2) The board shall

appoint 2 members who are not registrants who are suitable to represent the

public interest.

(3) A person appointed

under this

section shall hold office for a term of 3 years and is eligible to

be reappointed.

(4) Where a person

appointed under this

section holds office for a period of 9 consecutive years,

the person is not eligible for appointment as a member until the expiration of

12 months from the end of the year in which the person was last a member.

(5) Where the term of

office of a person appointed under this

section expires, the person continues

to be a member until reappointed or replaced.

(6) Where

a person appointed under this

section dies, retires, resigns or becomes

incapable of performing the member's duties, the vacancy shall be filled by appointment in the manner provided for in

this

section under which the person who is being replaced was appointed.

(7) Where

a vacancy is filled under subsection (6), the person filling the vacancy shall

serve for the remainder of the term of office of the member being replaced, and

that person is eligible for reappointment.

(8) Members

appointed under this

section may be remunerated by the board

for their service on the board and paid their travel and

other expenses associated with their duties as members, in accordance with guidelines established by the

Lieutenant-Governor in Council.

(9) A person appointed

under subsection (1) may be removed from office by the minister before the

expiration of the person's term of office and no compensation shall be paid to the

person other than an amount owing under subsection (8).

(10) A person appointed

under subsection (2) may be removed from office by the board before the

expiration of the person's term of office and no compensation shall be paid to the

person other than an amount owing under subsection (8).

(11) A person appointed

under subsection (1) may resign from the board by written notice to the

minister.

(12) A person appointed

under subsection (2) may resign from the board by written notice to the board.

Registrar

(1) The board shall appoint a person as registrar in

accordance with the by-laws.

(2) The registrar shall carry out the

duties imposed upon the registrar by this Act and the by-laws .

(3) The registrar may appoint an employee of the college to be the deputy

registrar who has the powers and duties of the registrar in the absence or

incapacity of the registrar, or when acting under the direction of the

registrar.

Committees

(1) The board may appoint committees to carry out the

duties and functions directed by the board.

(2) The

board may delegate a duty or power given to the board by this

Act to a committee.

(3) An

action or decision of a committee to which the board

delegates a duty or power is considered to be the

action or decision of the board .

Fees

(1) The board may set and collect fees for the purposes

of this Act.

(2) In

setting fees, the board shall, to the extent that it is practicable,

ensure that the fees are sufficient to enable the college to perform its duties

under this Act.

(3) The board

shall apply all fees collected by it to the performance of its duties.

Annual meeting

(1) The college shall hold

annual general meetings in accordance with the by-laws.

(2) At the annual

general meeting the board shall

(

a) appoint an auditor

to audit the accounts of the college and to report on the financial statements

of the college; and

(

b) consider and vote on those other matters required by the by-laws.

Annual reports

(1) The college shall prepare and submit to the minister

before July 1 in a year

(

a) a report on the

activities of the college; and

(

b) the college's

audited financial statements.

(2) The minister shall

publish the annual report on the department's website.

(3) The college shall,

where it has a website, publish the annual report on its website in a manner

that the annual report may be accessed by a member of the public.

By-laws

(1) The board may make by-laws not inconsistent with this

Act

(

a) respecting the

election of members under paragraph 5(1)(a );

(

b) respecting the

remuneration and payment of expenses of elected members of the board;

(

c) respecting the

election of an executive under subsection 5(10);

(

d) respecting the

participation of members at a meeting of the board by audio-visual technology under subsection 5(11);

(

e) respecting the

appointment, remuneration and duties of the registrar;

(

f) respecting the

holding of meetings and the procedure at those meetings;

(

g) respecting matters

that may be considered and voted on at annual general meetings;

(

h) respecting the

voting of the board by mail or electronic means;

(

i) respecting

information to be contained in the register;

(

j) respecting the

remuneration and payment of expenses of members of adjudication tribunals and members

of committees;

(

k) establishing

a code of ethics;

(

l) establishing

definitions of "professional misconduct",

"professional incompetence", "conduct unbecoming a registrant"

and "incapacity or unfitness to engage in the practice of nursing or the

practice of psychiatric nursing" for the purposes of

Part III;

(

m) establishing standards governing the practice of nursing and the practice of

psychiatric nursing, including standards of professional competence and of

capacity and fitness to practise ;

(

n) establishing

rules respecting methods of advertising; and

(

o) generally, to assist in the administration of

this Act and the regulations.

(2) A by-law may be

made, amended or repealed at a meeting of the board where

members are provided with 30 days' notice, in writing, of the meeting and the intention to

make, amend or repeal the by-law.

(3) Members may consent to a shorter notice period

for the purpose of subsection (2).

(4) The board shall have

its by-laws available for inspection by the public on reasonable notice and at

reasonable hours.

PART II

REGISTRATION AND LICENSING

(1) The registrar shall maintain a

(

a) the

name and address of each person who is licensed under this Act;

(

b) the type of licence held by the persons

referred to in paragraph (a); and

(

c) other

information required by the by-laws.

(2) The

registrar shall make the register available for inspection by the public on

reasonable notice and at reasonable hours.

(3) The

production in a court or proceeding of the register or a copy of or an extract

from the register, certified by the registrar, is evidence of the statements on

the register without proof of the fact that the signature is that of the

registrar.

(4) The

absence of the name of a person from the register shall be, in the absence of

evidence to the contrary, evidence that the person is not licensed .

Licences

(1) The college may issue the following licences:

(

a) licensed practical nurse licence;

(

b) registered nurse licence;

(

c) registered psychiatric nurse licence; and

(

d) nurse practitioner licence.

(2) A

person is entitled to a licence referred to in

subsection (1) where the person

(

a) applies in a form and manner approved by the college;

(

b) provides proof, satisfactory to the college,

that the person has successfully completed the educational requirements and examinations

approved by the board for that type of licence;

(

c) provides proof, satisfactory to the college,

that the person has the practice experience for that type of licence as

prescribed in the regulations;

(

d) provides proof,

satisfactory to the college, that the person has obtained professional

liability insurance coverage for that type of licence in a form and amount

satisfactory to the college;

(

e) where

the person is currently, or was previously, licensed or registered in another

jurisdiction, provides proof, satisfactory to the college, that the person's licence or registration has not been revoked, suspended or

restricted or has conditions attached by reasons of disciplinary measures in

another jurisdiction;

(

f) pays the required fees; and

(

g) satisfies

any other requirements prescribed in the regulations.

(3) Notwithstanding

paragraph (2)(e), the college may issue a licence to

a person whose licence or registration has been

revoked, suspended or restricted or has conditions attached by reasons of

disciplinary measures in another jurisdiction where

(

a) the

person provides details of any revocation or suspension of or restriction or

conditions on the persons licence or registration in

another jurisdiction;

(

b) the

college is satisfied, after consideration of the details provided under

paragraph (a), that the person is entitled to be licensed; and

(

c) the

person satisfies the other requirements in subsection (2).

(4) The

college may impose terms, conditions or restrictions

on a licence .

(5) A licence shall be valid for the period of time prescribed in the regulations.

(6) The college shall renew a licence where a

person applies and satisfies the renewal

requirements prescribed in the regulations.

(7) The board may establish, by regulation,

(

a) different classes of the licences referred to

in subsection (1); and

(

b) the requirements, terms, conditions

and restrictions on which the different classes of licences may be issued and

renewed.

Appeal of licence

decision

(1) A person whose application for a licence or renewal of a licence was

refused may appeal the refusal to the board which may confirm, vary or reverse the decision.

(2) The

board may appoint a person or a committee to hear an appeal in place of the

board.

(3) A

decision of a person or a committee appointed under subsection (2) is considered to be a decision of the board.

(4) A

person affected by a decision of the board under this

section may, within 30 days of

receipt of the decision, appeal it to the Supreme Court by filing a notice of

appeal with the court.

Prohibition

16. Except as provided in this Act and the

regulations, a person shall not practise as a

(

a) licensed

practical nurse or represent to be a licensed practical nurse unless the person

holds a licensed practical nurse licence ;

(

b) registered

nurse or represent to be a registered nurse unless the person holds a

registered nurse licence ;

(

c) registered

psychiatric nurse or represent to be a registered psychiatric nurse unless the

person holds a registered psychiatric nurse licence ; and

(

d) nurse

practitioner or represent to be a nurse practitioner unless the person holds a

nurse practitioner licence .

Licensing

exemption

17. A

person or category of persons prescribed in the regulations may, in accordance

with the regulations, be exempted from the requirement to be licensed under

this Act to engage in the practice of nursing or the practice of psychiatric

nursing.

Continuing

professional development

18. Every registrant shall participate in

continuing professional development as approved by the board .

Scope of practice

19. The board may, with the approval of the

minister, make regulations respecting the scope of practice of registrants.

PART III

DISCIPLINE

Definitions

20. In this Part

(a) "allegation" means a written document alleging that a person has

engaged in conduct deserving of sanction;

(b) "complainant" means a person making an allegation and includes a person making a report under

section

22 ;

(

i) professional misconduct,

(ii) professional

incompetence,

(iii) conduct

unbecoming a registrant,

(iv) incapacity

or unfitness to engage in the practice of nursing or the practice of

psychiatric nursing, and

(

v) acting

in breach of this Act, the regulations, or the code of ethics made under

section

12;

(d) "costs incurred by the college" includes

(

i) out of pocket expenses incurred by or on behalf

of the college,

(ii) amounts

paid by the college to adjudication tribunal members as remuneration and for

expenses, and

(iii) the

actual cost of legal counsel for the college and the adjudication tribunal;

(e) "disciplinary panel" means the panel of persons appointed under

section 21

from which the members of an adjudication tribunal are chosen; and

(f) "respondent" means a registrant or a former registrant against

whom an allegation is made.

Committees

(1) The board shall appoint at least 3 persons in

accordance with subsection (2) to constitute a complaints authorization

committee.

(2) The

complaints authorization committee shall consist of

(

a) at

least 2 persons who are

(

i) registrants, or

(ii) registered

as a licensed practical nurse, registered nurse, registered

psychiatric nurse or nurse practitioner in another province or territory of

Canada; and

(

b) at least one person who is a member of the board appointed to represent the public interest.

(3) The board shall

appoint the chairperson and vice-chairperson of the complaints authorization

committee from the persons appointed under subsection (1).

(4) The

registrar is not eligible to be a member of the complaints authorization

committee.

(5) A

disciplinary panel shall consist of not less than

(a) 15

registered nurses appointed by the board who are not members of the board ;

(b) 10

licensed practical nurses appointed by the board

who are not members of the board ;

nurse practitioners, where practicable, appointed by the board who are not members of the

board ;

(

d) one registered psychiatric nurse, where

practicable, appointed by the board who is not

a member of the board ; and

(e) 10

persons appointed by the minister to represent the public interest who are not

(

i) registrants , or

(ii) members of the board .

(6) The board

shall appoint one of the members appointed under paragraph (5)(a), (b), (

c) or

(

d) as the chairperson of the disciplinary panel.

(7) A

member appointed to the disciplinary panel holds office for a term of 3 years

and is eligible to be reappointed.

(8) Where the term of

office of a member of the disciplinary panel expires, the member continues to

be a member of the disciplinary panel until reappointed or replaced.

(9) Members

of the disciplinary panel shall serve as members of the panel without payment

for their services but may be remunerated for service as a member of an

adjudication tribunal and paid their travel and other expenses associated with

the work of that tribunal by the board , in accordance with and at the rates set by

the by-laws.

(10) The

complaints authorization committee, an adjudication tribunal and a person appointed

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

respondent or other person to give evidence, orally or in writing, upon oath or

affirmation, and produce the documents and things that either of them considers

necessary to the full investigation and hearing of an allegation or complaint

and shall have the powers, privileges and immunities that are conferred on a commissioner

appointed under the Public Inquiries Act, 2006 .

Duty to report

(1) A registrant who has knowledge, from direct

observation or objective evidence, of conduct deserving of sanction of another registrant

shall report the known facts to the registrar.

(2) A

person or a corporation, partnership or association that terminates or imposes

restrictions on the employment of a registrant based on direct knowledge of the

registrant's conduct deserving of sanction shall report the known facts to the registrar.

(3) An

action shall not be brought against a registrant, person, corporation,

partnership or association or its directors or officers for the sole reason

that the registrant, person, corporation, partnership

or association complied with this section.

Allegation

(1) An allegation shall be in writing

and signed by the complainant or the complainant's solicitor and filed with the

registrar.

(2) The

registrar may on the registrar's own motion make an allegation and file it, and

the allegation shall have the same effect as an allegation referred to in

subsection (1).

(3) Where

the registrar has been informed that a registrant has been convicted of an

offence under the provisions of the

Controlled Drugs and Substances Act (Canada), the

Criminal Code or a similar penal statute of another country or has been

suspended by a governing body of registrants in another province or territory

of Canada or another territory or country for reason of professional

misconduct, conduct unbecoming a registrant or professional incompetence, the

information shall be dealt with by the registrar as an allegation.

(4) For

the purpose of subsection (3), a certified copy of the record of a conviction

or findings made or the action taken by an external regulatory body constitutes

proof, in the absence of evidence to the contrary, of the conviction or

findings made or the action taken by that body, without proof of the signature

of the convicting justice or person purporting to have signed on behalf of that

body.

Effect of filing

allegation

(1) Where it appears to the registrar

after notifying the respondent of the allegation that the allegation may be

resolved satisfactorily and where the complainant and the respondent consent,

the registrar may attempt to resolve the matter.

(2) Where

the allegation is not satisfactorily resolved by the registrar under subsection

(1),

(

a) the

registrar shall refer the allegation and all other allegations to the complaints

authorization committee; and

(

b) where

the registrar considers that it is in the public interest, the registrar may

suspend or restrict the respondent's licence until

the complaints authorization committee makes a decision

under subsection 25(2), (3) or (6).

(3) The

registrar shall inform the complainant and the respondent of the referral of

the allegation to the complaints authorization committee.

(4) Where

the registrar suspends or restricts the respondent's licence

under paragraph (2)(b), the registrar shall

(

a) within

14 days of the suspension or restriction having been made,

(

i) publish a notice of the suspension or restriction

on the college's website, or

(ii) where

the college does not have a website, provide the notice to the department for

publication on its website; and

(

b) advise

at least 2 media outlets in or nearest to the community in which the respondent

practises that the notice referred to in paragraph

(

a) has been published.

Complaints

authorization committee

(1) After an allegation has been

submitted to the complaints authorization committee,

the committee may exercise one or more of the following powers:

(

a) refer

the allegation back to the registrar for an investigation or alternative

dispute resolution in accordance with the regulations;

(

b) conduct

an investigation itself or appoint a person to conduct an investigation on its behalf;

(

c) conduct

a practice review into the respondent's practice or appoint a person to conduct

a review on its behalf;

(

d) require

the respondent to appear before it; and

(

e) refer

the allegation to the quality assurance committee.

(2) Where

the complaints authorization committee is of the opinion that there are no

reasonable grounds to believe the respondent has engaged in conduct deserving

of sanction, the committee shall dismiss the allegation and give notice in

writing of the dismissal to the complainant.

(3) Where

the complaints authorization committee is of the opinion that there are no

reasonable grounds to believe the respondent has engaged in conduct deserving

of sanction, the committee may, in dismissing the allegation, direct the respondent

with respect to the respondent's practice, including direction that the

respondent

(

a) comply

with a specified provision of this Act, the regulations, a standard of practice

or a by-law, policy or guideline of the college;

(

b) successfully

complete continuing professional development or remedial education;

(

c) complete

an assessment of the respondent's clinical skills and successfully complete a

course of studies or clinical experience recommended by the assessment; and

(

d) provide

documentation, information or an explanation in

relation to the care of the complainant or of another person represented by the

complainant where the person is deceased or incompetent,

and the respondent

shall comply with the direction of the committee.

(4) The

committee may give a person or body it considers appropriate notice of a

direction, caution or counsel given under this section, and may specify the

time within which the direction, caution or counsel is to be complied with and

that the costs of compliance with the direction, caution or counsel shall be

borne by the respondent.

(5) Where

a respondent fails to comply with a direction, caution

or counsel of the committee under subsection (3) or (6), the registrar may deal

with the failure as an allegation.

(6) Where

the complaints authorization committee is of the opinion that there are

reasonable grounds to believe that a respondent has engaged in conduct

deserving of sanction, the allegation shall be considered as constituting a

complaint, and the complaints authorization committee may

(

a) counsel

or caution the respondent; or

(

b) instruct

the registrar to file the complaint against the respondent and refer it to the

disciplinary panel.

(7) Where the complaints authorization committee instructs

the registrar to file a complaint in accordance with paragraph (6)(b), the complaints

authorization committee may restrict or suspend the respondent's licence.

(8) Where

the complaints authorization committee suspends or restricts the respondent's

licence under subsection (7), the committee shall

notify the registrar of the restriction or suspension and the registrar shall

(

a) within

14 days of the restriction or suspension having been made,

(

i) publish a notice of the restriction or

suspension on the college's website, or

(ii) where the college

does not have a website, provide the notice to the department for publication

on its website; and

(

b) advise

at least 2 media outlets in or nearest to the community in which the respondent

practises that the notice referred to in paragraph

(

a) has been published.

(9) A

person conducting an investigation under paragraph

(1)(

a) or (

b) or a practice review under paragraph (1)(

c) may require

(

a) the

respondent to

(

i) undergo practical and other examinations that

the person considers necessary and as arranged by the registrar or the college,

and

(ii) permit

the registrar or a member of the complaints authorization committee or another

person appointed by the complaints authorization committee to inspect and copy

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

matter of the investigation; and

(

b) a

person other than the respondent to permit the registrar or a member of the complaints

authorization committee or another person appointed by the complaints

authorization committee to inspect and copy records and other documents

relating to the subject matter of the investigation held by that person,

and the respondent

or other person shall comply.

(10) Where

the registrar, a member of the complaints authorization committee or another

person appointed by the complaints authorization committee requires that a respondent

or other person provide information under subsection (9), that information

shall be provided within 7 days of receipt of the request

or a different period as specified in the request.

(11) An

action for damages does not lie against a registrant or another person to whom

a request is made solely because the registrant or other person provides

information requested under subsection (9).

(12) A

complainant whose allegation is dismissed by the complaints authorization

committee under subsection (2) may within 30 days after receiving notice of the

dismissal appeal the dismissal to the Supreme Court by filing a notice of

appeal with the court.

(13) Subsections

(9), (10) and (11) apply to the Crown.

Adjudication

tribunal

(1) For the purpose of dealing with

complaints referred to the disciplinary panel, the chairperson of the

disciplinary panel shall appoint from it an adjudication tribunal consisting of

3 persons, of whom

(a) 2

shall be registrants; and

(

b) one

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

(2) For

the purposes of subsection (1), where the respondent is a

(

a) licensed

practical nurse, at least one of the members appointed under paragraph (1)(

a) shall

be a licensed practical nurse, where practicable;

(

b) registered

nurse, at least one of the members appointed under paragraph (1)(

a) shall be a

registered nurse, where practicable;

(

c) registered

psychiatric nurse, at least one of the members appointed under paragraph (1)(

a) shall be a registered psychiatric nurse, where practicable; and

(

d) nurse

practitioner, at least one of the members appointed under paragraph (1)(

a) shall

be a nurse practitioner, where practicable.

(3) The

chairperson of the disciplinary panel shall appoint one of the registrants on

an adjudication tribunal to be the chairperson.

(4) Where

the term of office of a member of the adjudication tribunal expires and the

member has commenced a hearing, the member continues to be a member until the

hearing is concluded and a decision rendered.

Hearing

(1) Where a complaint has been referred under paragraph 25(6)(b),

an adjudication tribunal shall hear the complaint.

(2) The

parties to a hearing are the college and the respondent and a party may be

represented by counsel at a hearing.

(3) A

hearing shall be conducted in public, but an adjudication tribunal may exclude

the public from a hearing, or from part of it, where it considers the

desirability of protecting a party to the complaint or another person against

the consequences of possible disclosure of personal matters outweighs the

desirability of holding the hearing in public.

Copies of books,

etc. as evidence

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

(

a) a

member of the complaints authorization committee; or

(

b) a

person authorized under subsection 25(9) to conduct an inspection,

who made the copy or

extract under subsection 25(9) is admissible in evidence in an action,

proceeding or prosecution, in the absence of evidence to the contrary, as

evidence of the original book, record, document or thing and its contents.

Guilty plea by

respondent

(1) Where a respondent pleads guilty

to one or more of the charges set out in a complaint, the adjudication tribunal

shall, without calling evidence or hearing witnesses, unless the tribunal

believes it is appropriate to do so, hear submissions from the parties.

(2) Where

a respondent pleads guilty, and following submissions under subsection (1), the

adjudication tribunal may

(

a) reprimand

the respondent;

(

b) order

that the respondent be suspended for a fixed period that it considers

appropriate, until the respondent

can demonstrate to the board or other body or person

designated by the adjudication tribunal that conditions which it may impose are

fulfilled, or until further order of the adjudication tribunal ;

(

c) allow

or direct the respondent to surrender the respondent's licence

to the board upon those conditions that may be considered

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

(

d) impose

a fine not to exceed $25,000 to be paid to the college;

(

e) order

that the respondent pay the costs or a part of the

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

complaint;

(

f) order

that the registrar publish a

summary of the decision including the information

set out in subsection 31(7) and other information that the tribunal may

specify; and

(

g) order

that the respondent comply with one or more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain

medical treatment,

(iii) obtain

counselling,

(iv) obtain

substance abuse counselling or treatment until the respondent can demonstrate

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

that a condition related to substance abuse rendering the respondent incapable

or unfit to practise has been rehabilitated such that the respondent can safely

return to practice ,

(

v) engage

in continuing professional development programs,

(vi) complete

a course of studies or obtain supervised clinical experience, or both, to the

satisfaction of the board or another body or person designated by the

adjudication tribunal,

(vii) report

on the respondent's compliance with an order made under this

section and

authorize others involved with the respondent's treatment or supervision to

report on it,

(viii) restrict

the respondent's professional practice or continue the respondent's practice

under specified conditions,

(ix) permit

periodic inspection of the respondent's practice,

(

x) permit

periodic inspection of records relating to the respondent's practice, or

(xi) impose

other requirements that are just and reasonable in the circumstances.

(3) The

costs incurred by the college to ensure the compliance of a respondent with an

order or direction of an adjudication tribunal under this

section shall be

borne by the respondent.

Powers of

adjudication tribunal

(1) Upon the hearing of a complaint, an adjudication

tribunal shall decide whether or not a respondent is

guilty of conduct deserving of sanction.

(2) Where an

adjudication tribunal decides that a respondent is not guilty, it shall dismiss

the complaint and may, where it believes that the submission of the complaint

to the tribunal for a hearing was unreasonable,

(

a) order

that those costs that the tribunal considers appropriate be paid by the college

to the respondent; and

(

b) make

another order that it considers appropriate.

(3) Where

an adjudication tribunal decides that a respondent is guilty, it may,

(

a) reprimand

the respondent;

(

b) order

that the respondent be suspended for a fixed period that it considers

appropriate, until the respondent

can demonstrate to the board or other body or person

designated by the adjudication tribunal that conditions which it may impose are

fulfilled, or until further order of the adjudication tribunal ;

(

c) allow

or direct the respondent to surrender the respondent's licence

to the board upon those conditions that may be considered

appropriate and strike the

respondents name from the register ;

(

d) impose

a fine not to exceed $25,000 to be paid to the college;

(

e) order

that the respondent pay the costs or a part of the

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

complaint;

(

f) order

that the registrar publish a

summary of the decision including the information

set out in subsection 31(7) and other information that the tribunal may

specify; and

(

g) order

that the respondent comply with one or more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain

medical treatment,

(iii) obtain

counselling,

(iv) obtain

substance abuse counselling or treatment until the respondent can demonstrate

to the board or other body or person designated by the

adjudication tribunal that a condition related to substance abuse rendering the

respondent incapable or unfit to practise h as been rehabilitated such that the respondent

can safely return to practice ,

(

v) engage

in continuing professional development programs,

(vi) complete

a course of studies or obtain supervised clinical experience, or both, to the

satisfaction of the board or other body or person designated by the

adjudication tribunal,

(vii) report

on the respondent's compliance with an order made under this

section and

authorize others involved with the respondent's treatment or supervision to

report on it,

(viii) restrict

the respondent's professional practice or continue the respondent's practice

under specified conditions,

(ix) permit

periodic inspection of the respondent's practice,

(

x) permit

periodic inspection of records relating to the respondent's practice, or

(xi) impose

other requirements that are just and reasonable in the circumstances.

(4) The

costs incurred by the college to ensure the compliance of a respondent with an

order or direction of an adjudication tribunal under this

section shall be

borne by the respondent.

Filing and

publication of decisions

(1) An adjudication tribunal shall file a decision

or order made under subsection 29(2) or 30(3) with the registrar and provide a

copy to the complainant, the respondent and the respondent's employer.

(2) The

registrar shall maintain a copy of a decision or order filed under subsection

(1) for a minimum of 10 years after the day the decision or order is filed and

shall upon receiving a request to view the disciplinary records in relation to

a respondent permit a person to view the

summary prepared in accordance with

subsection (7).

(3) The

registrar shall publish a

summary of a decision or order of an adjudication

tribunal within 14 days of the expiry of the appeal period provided in

section 37,

where the decision or order

(

a) suspends

the respondent;

(

b) allows

or directs the surrender of the respondent's licence ;

(

c) restricts

the respondents practice;

(

d) specifies

conditions for the continuing practice of the respondent; or

(

e) requires

that a

summary of the decision or order be published.

(4) Where

the registrar is required to publish a

summary of a decision or order under

subsection (3), the registrar shall

(

a) publish

the

summary of the decision or order on the college's website; or

(

b) where

the college does not have a website, provide the

summary or order to the department

for publication on its website.

(5) Where

the registrar publishes a

summary of a decision or order in accordance with

subsection (4), the registrar shall

(

a) advise

at least 2 media outlets in or nearest to the community in which the respondent

practises that a

summary of the decision or order has

been published; and

(

b) arrange

that a

summary of the decision or order be kept on the website

(

i) for a period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where

the registrar publishes a

summary of a decision or order in accordance with

subsection (4), the registrar may also publish a

summary of the decision or

order in the colleges annual report or another

publication approved by the board .

(7) Unless

a court orders otherwise, the

summary of the decision or order published under

this

section shall include

(

a) the

name of the respondent and the address where the respondent practises ;

(

b) the

date, location and a brief description of the conduct of the respondent that

was found to be deserving of sanction;

(

c) the

name of the complainant, where requested by the complainant;

(

d) the

contents of the decision or order in relation to the actions referenced in

paragraphs (3)(

a) to (d); and

(

e) other

information specified for publication in the decision or order.

(8) Where

a decision or order, the

summary of which is published under this section, is varied or set aside, the registrar shall, within 14 days of

the filing of the subsequent decision or order, publish a

summary of the

decision or order and subsections (3) to (7) apply with the necessary changes.

(9) The

registrar may give notice of the decision or order and information respecting

the decision or order to the other persons the board may

direct and shall include a

summary of the decision or order in a certificate of

good standing issued in relation to the respondent.

(10) Nothing

in this

section prohibits the registrar from publishing a decision or order of

an adjudication tribunal, including publishing it in a database or repository

for adjudication decisions approved by the minister, provided that the name and

any identifying information of the complainant or witnesses is not published

unless the complainant or witness requests that it be published.

De-registration

and suspension

(1) Where a respondent is allowed or directed to surrender the respondent's

licence , the respondent's rights and privileges as a registrant cease.

(2) Where

a respondent requests that the

respondent's name be removed from,

or where the respondent's name is struck off, the register, the respondent's rights and privileges as a registrant cease.

(3) Where

a respondent is suspended, the respondent's rights and privileges as a registrant

cease for the period of the suspension.

(4) Where

conditions or restrictions have been imposed upon a respondents ability to

carry on the respondent's practice, the respondent's rights and privileges as a

registrant shall be limited to the extent specified by the conditions or

restrictions.

Failure to comply

(1) On application by the college to the

disciplinary panel, an adjudication tribunal may make an order suspending the licence of a respondent where it determines that the

respondent has failed to comply with a decision or an order under this Part.

(2) The

parties to the application are the college and the respondent.

(3) An

order of an adjudication tribunal under this

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

adjudication tribunal may consider appropriate, or until conditions which it

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

Reinstatement and

readmission

(1) Where a decision or order of an adjudication

tribunal

(

a) suspends

the respondent;

(

b) allows

or directs the respondent to surrender the respondent's licence

or to be removed from the register;

(

c) restricts

the respondents practice; or

(

d) specifies

conditions for the continuing practice of the respondent,

and where the respondent alleges that new evidence has become available

or a material change in circumstances has occurred since the making of the

decision or order, the respondent may apply to the complaints

authorization committee for a supplementary hearing to discharge or vary the

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

circumstances.

(2) An

application under subsection (1) shall be made not more than 90 days after the

new evidence becomes available or the material change in circumstances has

occurred.

(3) Where

an application is made to the complaints authorization committee under

subsection (1), and the committee is of the opinion that new evidence has

become available or that a material change in circumstances has occurred, as

alleged by a respondent, the matter shall be referred to an adjudication

tribunal as if it were a matter referred under paragraph 25(6)(

b) and sections 27

to 32 apply, with the necessary changes, to the referred matter.

(4) The

parties to a supplementary hearing under this

section are the respondent and

the college.

(5) For

the purpose of this section, in addition to an order that an adjudication

tribunal may make under

section 30, an adjudication tribunal may

(

a) vary

the original decision or order made under

section 30; or

(

b) discharge

the original decision or order, with or without conditions.

Costs of the

college

(1) Where a person who was ordered to pay the costs of the college under paragraph 29(2)(

e) or 30(3)(

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

of that person until the costs are paid.

(2) Costs

ordered to be paid under paragraph 29(2)(

e) or 30(3)(

e) are a debt due to the

college and may be recovered by the college by a civil action.

Collection of

fine

(1) Where an order is made under

section

29 or 30 imposing a fine on a respondent, the college may issue a certificate

stating the amount of the fine due and remaining unpaid and the name of the

person by whom it is payable and file the certificate with the Supreme Court.

(2) Where

a certificate is filed with the Supreme Court under subsection (1), it has the

same effect and all proceedings may be taken on the

certificate as if it were a judgment of the Supreme Court for the recovery of

the amount stated in the certificate against the person named in the

certificate.

(3) A

person named in a certificate filed under this

section may, within 30 days

after the certificate is filed, apply to a judge of the Supreme Court for a

review, on a question of law or jurisdiction, of the certificate.

(4) On

an application under subsection (3), the judge may make any amendment to the

certificate that is necessary to make the certificate accord with the judges

decision.

(5) There

is no appeal from a decision of a judge made under this section.

(6) A

certificate filed under this

section may also be filed in the judgment

enforcement registry on the expiration of the 30-day period referred to in

subsection (3) in accordance with

Part III of the Judgment Enforcement Act

and be enforced in accordance with that Act.

Appeal to Supreme

Court

(1) The college or the respondent may, within 30 days after receiving notice of a

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

decision or order or a part of it to the

Supreme Court by filing a notice of appeal with the court.

(2) An

appeal under this

section does not stay the decision or order being appealed

unless the Supreme Court orders otherwise.

PART IV

QUALITY ASSURANCE

Quality assurance

committee

(1) The board shall

establish a quality assurance committee that shall have responsibility for, and

shall establish and operate, a program of quality assurance for registrants.

(2) The

quality assurance committee may appoint registrants or persons registered as

licensed practical nurses, registered nurses, registered psychiatric nurses or

nurse practitioners in another province or territory of Canada, to act as

assessors or to assist the quality assurance committee to perform its duties

and exercise its powers under this Act.

(3) The

quality assurance committee and a person appointed under subsection (2) shall

have the powers, privileges and immunities that are conferred on a commissioner

under the Public Inquiries Act, 2006 .

(4) A

person appointed under subsection (2) has the powers of the quality assurance

committee under paragraphs 40(3)(a), (

b) and (c).

Registrants shall

comply

39. A registrant shall comply with a request or a

directive of the quality assurance committee, or a person appointed to act on

behalf of the quality assurance committee, in connection with the conduct of a

quality assurance review with respect to the registrant or the registrant's

practice by the quality assurance committee.

Conduct of review

(1) The quality assurance committee may itself

initiate a quality assurance review of a registrant or the registrant's practice

or at the request of the registrar or the complaints authorization committee.

(2) Before

initiating a quality assurance review under subsection (1), the registrar may

attempt to resolve the matter.

(3) In

connection with a quality assurance review, the quality assurance committee may

(

a) require

a registrant, or another person who has information pertaining to or possession

of records that relate to the registrant's practice, to provide information,

including patient records, for inspection or review and to permit them to be

copied by the quality assurance committee or a person appointed by the quality

assurance committee for the purpose;

(

b) order

a registrant to undergo an examination, evaluation, assessment or review of the

registrant's professional practices or capacity or fitness to practise , to the extent and under the circumstances

required by the quality assurance committee;

(

c) engage

in periodic or random reviews or audits of a registrant's performance including

the consequential review of patient records; and

(

d) order

a registrant to

(

i) obtain counselling, including substance abuse

counselling, until the registrant can demonstrate to the quality assurance

committee, or another body or a person designated by the quality assurance

committee, that a condition related to the counselling has been overcome,

(ii) obtain

medical treatment and authorize a person participating in the provision of that

treatment to report on it to the quality assurance committee,

(iii) complete

a course of studies or an educational or training program,

(iv) restrict

the registrant's practice,

(

v) obtain

supervised clinical experience as directed by the quality assurance committee

and to the satisfaction of the quality assurance committee,

(vi) continue

the registrant's practice under conditions the quality assurance committee may

specify, or

(vii) report

on the registrant's compliance with an order of the quality assurance committee

and authorize a person to report to the quality assurance committee on whether the

registrant is complying with an order.

(4) The

quality assurance committee may accept the terms of an agreement entered into by the registrar and a registrant as

constituting compliance by the registrant with a requirement or order imposed

by the quality assurance committee on the registrant under subsection (3).

(5) Where

a registrant fails to comply

(

a) with

a requirement or an order under subsection (3); or

(

b) with

an agreement referred to in subsection (4) within the time required by the quality

assurance committee for compliance,

the quality assurance committee shall refer the failure to comply to the

registrar who shall refer it to the complaints authorization committee as an

allegation within the meaning of paragraph 20(a).

(6) An

action for damages does not lie against a registrant, or another person to whom

a request is made, solely because the registrant or

other person provides information

requested under paragraph (3)(a).

(7) Where

the quality assurance committee or a person appointed by the quality assurance

committee requires that a registrant or another person provide information

under paragraph (3)(a), that information shall be provided within 7 days of

receipt of the request or a different period as

specified in the request.

(8) All

records and specific information relating to the quality assurance program or a

review or order under it are confidential.

(9) Paragraph

(3)(

a) and subsections (6) to (8) apply to the Crown.

Costs

41. The costs incurred by a registrant in implementing an order

under subsection 40(3) shall be paid by the registrant and shall not be a cost

of the quality assurance committee, the board or the

college.

Termination of

review

(1) Where the quality assurance committee believes,

in the course of or as a result of a review, that a registrant may be guilty of

conduct deserving of sanction within the meaning of paragraph 20(c), the

review, if still in progress, shall be terminated, the registrant shall be

advised, and the matter shall be referred to the registrar who shall refer it

to the complaints authorization committee to be dealt with as an allegation.

(2) The

quality assurance committee shall provide all information and documents in its

possession relating to the review to the complaints authorization committee.

(3) An

order of the quality assurance committee issued before it refers a matter to

the complaints authorization committee under subsection (1) remains in effect

notwithstanding the referral of the matter to the complaints

authorization committee.

PART V

GENERAL

Protection from liability

(1) An action for damages for

an act, purported act or failure to act or a

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

carrying out duties or obligations under this Act or the regulations or by-laws

made under it, does not lie against

(

a) the

minister;

(

b) the registrar;

(

c) a

member of the board ;

(

d) an

officer, employee or agent of the college or the board ;

(

e) a

person or committee designated by the college or the board ;

(

f) the

college as a corporation;

(

g) the board as a governing body of

the college;

(

h) the

complaints authorization committee or a person appointed by the complaints

authorization committee;

(

i) the disciplinary panel or an adjudication tribunal;

(

j) the quality assurance committee or a person

appointed under subsection 38(2); or

(

k) the

individual members of a body listed in this subsection.

(2) An

action for defamation shall not be founded on the publication of a

communication that consists of or pertains to an allegation or complaint where

the communication is published in the course of

investigating the allegation or complaint or in the course of a proceeding

under

Part III.

Conflicting legislation

44. Nothing in this Act

affects or applies to the practice of nursing or the practice of psychiatric

nursing permitted to be carried out by a person under another statute of the

province.

Offence

45. A person who contravenes this Act is guilty of

an offence and is liable on

summary conviction to a fine not exceeding $5,000

and to imprisonment for a term not exceeding one month in default of payment or

to both a fine and imprisonment.

Regulations

46. The board may, with the approval of the minister, make

regulations

(

a) respecting the

approval of education programs for licensed practical nurses, registered

nurses, registered psychiatric nurses and nurse practitioners ;

(

b) respecting practice experience requirements for licensing of registrants;

(

c) prescribing other

licensing requirements for registrants;

(

d) prescribing

the period of time that a licence is valid;

(

e) prescribing

requirements for renewal of a licence ;

(

f) establishing

different classes of licences and the requirements, terms,

conditions and restrictions on which the different classes of licences may be issued and renewed;

(

g) respecting the exemption of persons or

categories of persons for the purposes of

section 17;

(

h) respecting the scope

of practice of registrants;

(

i) respecting alternative dispute resolution for the purposes

section 25 and the procedure for that resolution;

(

j) defining

a word or phrase used but not defined in this Act; and

(

k) generally to give effect to the purpose of this Act.

PART VI

TRANSITIONAL, CONSEQUENTIAL,

REPEAL AND COMMENCEMENT

Transitional

assets and liabilities

(1) The College of Registered Nurses of Newfoundland and Labrador and the College of Licensed Practical Nurses of

Newfoundland and Labrador are dissolved.

(2) On the date this Act comes into force

(

a) title to all property and assets of the College of Registered Nurses of Newfoundland

and Labrador and the College

of Licensed Practical Nurses of Newfoundland and Labrador is vested in the college;

(

b) all title and interests to real property held

in the name of the College of Registered Nurses of Newfoundland and Labrador

or the College of Licensed Practical Nurses of

Newfoundland and Labrador immediately before this Act comes into force is held

in the name of the college;

(

c) the college is charged with and assumes all of

the obligations and liabilities of the College

of Registered Nurses of Newfoundland and Labrador and

the College of Licensed Practical Nurses of

Newfoundland and Labrador;

(

d) agreements or contracts made between the College of Registered Nurses of Newfoundland

and Labrador or the College

of Licensed Practical Nurses of Newfoundland and Labrador and another party

before the coming into force of this Act continue in force and are binding on

the college and the other party to the agreements or contracts;

(

e) existing causes of action, claims and

liabilities by or against the College

of Registered Nurses of Newfoundland and Labrador or

the College of Licensed Practical Nurses of

Newfoundland and Labrador are unaffected;

(

f) civil, criminal or

administrative actions or proceedings pending by or against the College of Registered Nurses of Newfoundland

and Labrador or the College

of Licensed Practical Nurses of Newfoundland and Labrador may continue to be

prosecuted by or against the college; and

(

g) a conviction against, or ruling, order or

judgment in favour of or against the College of Registered Nurses of Newfoundland

and Labrador or the College

of Licensed Practical Nurses of Newfoundland and Labrador may be enforced by or

against the college.

Transitional -

employees

(1) The

employment of employees of the College of Registered Nurses of Newfoundland

and Labrador and the College of Licensed Practical Nurses of Newfoundland and Labrador continues

with the college.

(2) The

employment of employees referred to in subsection (1) shall be deemed to have

continued with the college without interruption in service, and the rights,

duties and obligations of the employer and employees continue accordingly,

until changed by contract of employment.

(3) Where

the employment of an employee is continued under subsection (1), nothing in

this Act prevents

(

a) the

employment from being lawfully terminated after the continuation; or

(

b) any

term or condition of the employment from being lawfully changed after the

continuation.

(4) Service

of an employee referred to in subsection (1) with the College of Registered Nurses of Newfoundland

and Labrador or the College of Licensed Practical Nurses of Newfoundland and Labrador is

deemed to be service with the college for the purpose of determining

probationary periods, benefits or any other

employment-related entitlements under any Act, at common law or under any

applicable contract of employment.

Transitional - certain

rights not affected

49. The

establishment of the college under

section 3 or the continuation of the

employment of employees under subsection 48(1) shall

(

a) not

constitute

(

i) a breach, termination, repudiation

or frustration of any contract, including a contract of employment or

insurance,

(ii) a breach of any Act or regulation, or

(iii) an event of default or force majeure under any contract; and

(

b) not

give rise to

(

i) a breach, termination, repudiation

or frustration of any licence , permit or other right,

(ii) any right to terminate or repudiate a contract, licence or other right, or

(iii) any estoppel.

Transitional

protection from liability

(1) An action or other proceeding does not lie or cannot be instituted

against the minister, the Crown or the college or any employees or agents of

the minister, the Crown or the college, as a direct or

indirect result of the dissolution of the College of Registered Nurses of Newfoundland

and Labrador and the College of Licensed Practical Nurses of Newfoundland and Labrador under

this Act.

(2) Nothing

in this Act creates a cause of action in favour of a

party to a contract with the College of Registered Nurses of Newfoundland

and Labrador or the College of Licensed Practical Nurses of Newfoundland and Labrador or any

of their predecessors that was entered into before the coming into force of

this Act.

Transitional temporary

board

(1) On

the coming into force of this Act, the board shall

consist of

(a) 4 members selected by the council of the

College of Registered Nurses of Newfoundland and Labrador from the elected

members on the council of the College of Registered Nurses of Newfoundland and Labrador;

(b) 4 members selected by the board of the College

of Licensed Practical Nurses of Newfoundland and Labrador from the elected

members on the board of the College of Licensed Practical Nurses of

Newfoundland and Labrador;

by the council of the College of Registered Nurses of Newfoundland and Labrador

from the members appointed to represent the public interest on the council of

the College of Registered Nurses of Newfoundland and Labrador;

(d) 2 members to represent the public interest

selected by the board of the College of Licensed Practical Nurses of

Newfoundland and Labrador from the members appointed to represent the public

interest on the board of the College of Licensed Practical Nurses of

Newfoundland and Labrador; and

(

e) the member of the board of the College of

Licensed Practical Nurses of Newfoundland and Labrador who was appointed under

paragraph 3(3)(

c) of the Licensed Practical Nurses Act, 2005 .

(2) In subsection (1), the references to the

council of the College of Registered Nurses of Newfoundland and Labrador and

the board of the College of Licensed Practical Nurses of Newfoundland and

Labrador are references to the council and board of those colleges as they

existed immediately before the coming into force of this Act.

(3) The members of the board

referred to in subsection (1) shall serve on the board

for the following terms:

(a) 2 of the members

referred to in paragraph (1)(

a) shall serve for a one-year term and 2 shall serve

for a 2-year term;

(b) 2 of the members referred to in paragraph

(1)(

b) shall serve for a one-year term and 2 shall serve for a 2-year term;

(

c) one of the members referred to in paragraph

(1)(

c) and one of the members referred to in paragraph (1)(

d) shall serve as

members until the minister appoints members to represent the public interest

under paragraph 6(1)(

a) of this Act;

(

d) one of the members referred to in paragraph

(1)(

c) and one of the members referred to in paragraph (1)(

d) shall serve as

members until the board appoints members to represent the public interest under

subsection 6(2) of this Act; and

(

e) the member referred to in paragraph (1)(

e) shall serve as a member until the minister appoints a member under paragraph 6(1)(

b) of this Act.

Transitional -

licences

(1) On the coming into force of this Act, a person who was

(

a) registered and licensed under the Registered Nurses Act, 2008 immediately before

the coming into force of this Act shall be considered to be licensed under this

Act and the licence shall be valid, and subject to any terms, conditions or

restrictions imposed under the Registered Nurses Act, 2008 , until it

expires in accordance with the terms under which the licence was issued under

the Registered Nurses Act, 2008 ; and

(

b) licensed under the Licensed Practical Nurses

Act, 2005 immediately before the coming into force of this Act shall be

considered to be licensed under this Act and the licence shall be valid, and

subject to any terms, conditions or restrictions imposed under the Licensed

Practical Nurses Act, 2005 , until it expires in accordance with the terms

under which the licence was issued under the Licensed Practical Nurses Act,

(2) Where a person submitted an

application to be registered or licensed under the Registered

Nurses Act, 2008 or to be licensed under the Licensed

Practical Nurses Act, 2005 before the coming into force of this Act and the

application has not been decided on the coming into force of this Act, the

application shall be considered to be an application for a licence

under this Act.

Transitional complaints,

discipline, quality assurance, decisions and orders

(1) Where an allegation, complaint, discipline proceeding, quality assurance

committee review or any investigation, examination, evaluation or assessment

was started under the Registered Nurses Act, 2008 or the Licensed

Practical Nurses Act, 2005 but not concluded before the coming into force

of this Act, it shall be concluded under the Act under which it was started as

if that Act was still in force .

(2) An entity constituted

or a person appointed under the Registered Nurses Act, 2008 or the Licensed Practical Nurses Act, 2005 that was

involved in a proceeding referred to in subsection (1) immediately before the

coming into force of this Act shall continue to have the rights, powers,

privileges, duties and obligations granted under the Act under which the entity

was constituted or person was appointed as if that Act were still in force for

the purpose of concluding a proceeding referred to in subsection (1).

(3) An order or decision of an entity or person

referred to in subsection (2) in respect of a proceeding referred to in

subsection (1) shall be considered to be an order or

decision under this Act.

(4) An order or decision made under the Registered

Nurses Act, 2008 or the Licensed Practical Nurses Act, 2005 that is

in force on the coming into force of this Act shall continue to be in force and

shall be considered to be an order or decision under

this Act until the order or decision expires or the requirements of the order

or decision are met.

(5) For the purposes of this section,

(a) "entity" means

(

i) a complaints

authorization committee,

(ii) a disciplinary panel,

(iii) an adjudication tribunal,

(iv) a quality assurance committee,

(

v) the council of the College of Registered

Nurses of Newfoundland and Labrador, and

(vi) the board of the College of Licensed Practical

Nurses of Newfoundland and Labrador;

(b) "person" means

(

i) the Director of

Professional Conduct Review appointed under the Registered Nurses Act, 2008 ,

(ii) the registrar appointed under the Licensed

Practical Nurses Act, 2005 , and

(iii) a person appointed by a quality assurance

committee or a complaints authorization committee; and

(

i) an order or

decision made under the Registered Nurses Act, 2008 or the Licensed

Practical Nurses Act, 2005 by

(

A) a complaints authorization committee,

(

B) a disciplinary panel,

(

C) an adjudication tribunal, or

(

D) a quality assurance committee,

(ii) terms of a resolution concluded under

subsection 22(1) or paragraph 23(1)(

a) of the Registered Nurses Act, 2008

or subsection 16(1) or paragraph 17(1)(

a) of the Licensed Practical Nurses

Act, 2005 ,

(iii) a caution or counsel given to a respondent by

a complaints authorization committee,

(iv) a suspension or restriction on a respondent's

practice imposed under subsection 23(7) of the Registered Nurses Act, 2008

or subsection 17(7) of the Licensed Practical Nurses Act, 2005 , and

(

v) an agreement entered into

under subsection 35.3(3) of the Registered Nurses Act, 2008 or

subsection 29.3(4) of the Licensed Practical Nurses Act, 2005 .

RSNL1990 cE-9 Amdt .

(1) Section 2 of the Emergency Medical Aid Act is

amended by adding immediately before paragraph (

a) the following:

(a.01) "nurse"

means a licensed practical nurse, registered nurse, registered psychiatric nurse or nurse practitioner

as defined in the Nurses Act ; and

(2) Paragraph 2(

b) of the Act is repealed.

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

the word "registered" wherever it appears.

SNL2022 cF-01 Amdt .

Schedule A of the Fair Registration Practices Act is amended by

(

a) deleting

the regulatory body reference "College of Licensed Practical Nurses of

Newfoundland and Labrador"; and

(

b) deleting

the regulatory body reference "College of Registered Nurses of

Newfoundland and Labrador" and substituting the regulatory body reference

"Newfoundland and Labrador College of Nurses".

RSNL1990 cG-6 Amdt .

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

of Registered Nurses of Newfoundland and Labrador" and substituting the

reference "Newfoundland and Labrador College of Nurses".

SNL2011 cG-7.1 Amdt .

57. Subparagraph 2(b)(ii) of the Gunshot and Stab Wound Reporting Act is amended by deleting

the reference " Registered Nurses Act, 2008 " and substituting

the reference " Nurses Act ".

SNL1995 cP-37.1 Amdt .

58. Paragraph

g) of the Health and Community Services Act is repealed and the

following substituted:

(g) "nurse" means a licensed practical nurse, registered nurse, registered psychiatric nurse or a nurse

practitioner as defined in the Nurses Act .

RSNL1990 cH-3 Amdt .

59. The Highway Traffic Act is amended by

deleting the reference " Registered Nurses Act, 2008 " wherever

it appears and substituting the reference " Nurses Act ".

SNL2011 cM-4.02 Amdt .

60. Paragraph 78(2)(

e) of the Medical Act, 2011 is amended by deleting the reference " Registered

Nurses Act, 2008 " and substituting the reference " Nurses Act ".

RSNL1990 cM-8 Amdt .

61. Paragraph 19(2)(

h) of the Memorial University Pensions Act is repealed and the following substituted:

(

h) with

the Newfoundland and Labrador College of Nurses;

SNL2006 cM-9.1 Amdt .

62. Paragraph 2(1)(

n) of the Mental Health Care and Treatment Act is amended by deleting the reference " Registered

Nurses Act " and substituting the reference " Nurses Act ".

SNL2019 cO-6.2 Amdt .

63. Subparagraph 2(l)(

i) of the Opioid Damages and

Health Care Costs Recovery Act

is amended by deleting the reference " Registered Nurses Act, 2008 "

and substituting the reference " Nurses Act ".

SNL2014 cO-9 Amdt .

64. The

Schedule to the Other Post-Employment Benefits Eligibility Modification Act is amended

(

a) deleting

the reference "College for Licensed Practical Nurses of Newfoundland and

Labrador ";

(

b) deleting

the reference "College of Registered Nurses of Newfoundland and Labrador";

and

(

c) adding immediately after the reference " Newfoundland and Labrador Arts Council"

the reference "Newfoundland and Labrador College of Nurses".

SNL2008 cP-7.01 Amdt .

65. Paragraph 2(1)(

j) of the Personal Health Information Act is amended by

(

a) repealing subparagraph (vii );

(

b) adding immediately after subparagraph (ix) the

following:

(ix.1) Nurses Act ,

(

c) adding the word "and" at the end of

subparagraph (xiv); and

(

d) repealing subparagraph (xv).

SNL2006 cP-12.01 Amdt .

66. Paragraph 2(

p) of the Pharmaceutical Services Act is amended by deleting the reference " Registered

Nurses Act, 2008 " wherever it appears and substituting the reference

" Nurses Act ".

SNL2024 cP-12.3 Amdt .

67. Subsection 3(1) of the Pharmacy Act, 2024

is amended by deleting the reference

" Registered Nurses Act, 2008 " wherever it appears and

substituting the reference " Nurses Act ".

SNL2017 cP-18.2 Amdt .

68. Subparagraph 2(1)(k)(

i) of the Prescription Monitoring

Act is repealed and the

following substituted:

(

i) the Newfoundland and Labrador College of Nurses,

SNL2018 cP-37.3 Amdt .

69. Subparagraph 2(j)(iv) of the Public Health Protection and Promotion Act is amended by deleting the reference " Registered

Nurses Act, 2008 " and substituting the reference " Nurses Act ".

RSNL1990 cP-43 Amdt .

Schedule C to the Public Service Commission Act is amended by

(

a) deleting the statutory appointment reference

" Licensed Practical Nurses

Act, 2005 , subsections 4(1)

and 14(4) with respect to ministerial appointments ";

(

b) deleting

the statutory appointment reference " Registered Nurses Act, 2008 ,

paragraph 6(1)(

b) and subsection 19(5) with respect to ministerial appointments";

and

(

c) adding immediately after the statutory

appointment reference " Natural

Products Marketing Act, Newfoundland and Labrador Chicken Marketing Scheme , subsection 4(1.1)" the statutory

appointment reference " Nurses Act , paragraphs 6(1)(

a) and 21(5)(e)".

SNL2012 cS-13.02 Amdt .

71. Subparagraph 2(c)(ii) of the Service Animal Act is amended by deleting the word

"nurse" and substituting the words "registered nurse, nurse

practitioner".

SNL2009 cV-6.01 Amdt .

72. Subsection 2(1) of the Vital Statistics Act, 2009 is amended by deleting

the reference " Registered Nurses Act, 2008 " wherever it

appears and substituting the reference " Nurses Act ".

NLR 24/19 Amdt .

73. Paragraph 2(

h) of the Accessible Parking Regulations under the Highway Traffic Act is amended by deleting the reference " Registered Nurses Act,

2008 " and substituting the reference " Nurses Act ".

NLR 56/19 Amdt .

Section 5 of the Automobile Insurance Regulations, 2019 under the Automobile Insurance Act is

amended by deleting the reference " Registered Nurses Act, 2008 "

wherever it appears and substituting the reference " Nurses Act ".

NLR 83/23 Amdt .

75. Paragraph 6(

e) of the Interpersonal Violence

Disclosure Protocol Regulations under the Interpersonal Violence

Disclosure Protocol Act is amended by deleting the reference " Registered

Nurses Act, 2008 " and substituting the reference " Nurses Act ".

NLR 53/18 Amdt .

Section 2 of the Monitored Drugs Regulations

under the Prescription Monitoring Act is amended by deleting the

reference " Registered

Nurses Act, 2008 " wherever it appears and substituting the reference

" Nurses Act ".

NLR 114/96 Amdt .

77. Subsection 18.1(6) of the Pension Benefits

Act Regulations under the Pension Benefits Act, 1997 is amended by deleting the reference " Registered

Nurses Act, 2008 " wherever it appears and substituting the reference

" Nurses Act ".

NLR 104/09 Amdt .

Section 4 of the Pharmacy Network

Regulations under the Personal Health Information Act is amended by deleting the reference "College

of Registered Nurses of Newfoundland and Labrador" and substituting the

reference "Newfoundland and Labrador College of Nurses".

NLR 62/24 Amdt .

79. Paragraph 10(1)(

c) of the Pharmacy

Regulations, 2024 under the Pharmacy Act, 2024 is amended by deleting the reference "College

of Registered Nurses of Newfoundland and Labrador" and substituting the

reference "Newfoundland and Labrador College of Nurses".

NLR 78/19 Amdt .

(1) Paragraph 2(

f) of the Prescription

Monitoring Regulations under the Prescription Monitoring Act is

amended by deleting the reference " Registered

Nurses Act, 2008 " and substituting the reference " Nurses Act ".

(2) Subsection 4(1) of the regulations is amended

by deleting the reference "College

of Registered Nurses of Newfoundland and Labrador" wherever it appears and

substituting the reference "Newfoundland and Labrador College of

Nurses".

(3) Paragraph 7(1)(

f) of the regulations is

amended by deleting the reference

"College of Registered Nurses of Newfoundland and Labrador" and

substituting the reference "Newfoundland and Labrador College of

Nurses".

NLR 121/18 Amdt .

(1) Paragraph 2(

b) of the Residential

Tenancies Regulations under the Residential Tenancies Act, 2018 is

repealed and the following substituted:

(

b) a licensed practical nurse, registered nurse,

registered psychiatric nurse or nurse practitioner licensed under the Nurses

Act ;

(2) Paragraph 2(

c) of the regulations is repealed.

CNLR 1156/96 Amdt .

82. Paragraph 2(i.1) of the Wild

Life Regulations under the Wild Life Act is amended by

deleting the reference " Registered

Nurses Act, 2008 " and substituting the reference " Nurses Act ".

NLR 34/18 Amdt .

83. Subparagraph 2(k)(ii) of the Workplace

Hazardous Materials Information System (WHMIS) Regulations, 2018 under the Occupational

Health and Safety Act is amended by deleting the words " nurse who is registered or" and

substituting the words "person who is".

SNL2005 cL-12.1

Rep.

84. The

Licensed Practical Nurses Act, 2005 is repealed.

SNL2008 cR-9.1

Rep.

85. The

Registered Nurses Act, 2008 is repealed.

Commencement

86. This

Act comes into force on April 15, 2026.

King's Printer

Document details

Collection	Newfoundland and Labrador — Bills
Citation	Bill 2487
Type	bill
Volume / chapter	ga50session2 bill2487
Language	en
Format	htm
Source	PROVINCIAL
Identifier	5a3adb146d5438c8319ff6f0a9e92c8bb42d53f1

Source file is stored in the law ingest library (htm).